Western Australian Current Acts Western Australian Current Acts (1) Where a bush fire
is burning on any land —
(a) at
any time in any year during the restricted burning times; or
(b)
during the prohibited burning times,
and the bush fire is
not part of the burning operations being carried on upon the land in
accordance with the provisions of this Act, the occupier of the land shall
forthwith, upon becoming aware of the bush fire, whether he has lit or caused
the same to be lit or not, take all possible measures at his own expense to
extinguish the fire.
(1B) Where he requires
assistance for the purpose he shall if practicable, without leaving the fire
unattended, inform or cause to be informed the nearest available bush fire
control officer, or bush fire brigade officer, of the existence and locality
of the fire.
(2) For the purposes
of this section, a fire lit before the commencement of a period of prohibited
burning times relating to the district where the fire is situated, and which
is still burning at the commencement of those prohibited burning times, is to
be regarded as being a bush fire which is not part of the burning operation
being carried on upon the land in accordance with the provisions of this Act.
Penalty: $10 000.
(3) Where the occupier
of the land upon which a bush fire is burning fails to take measures to
extinguish it as required by subsection (1), a bush fire liaison officer, a
bush fire control officer of any local government or an authorised CALM Act
officer employed in connection with any forest land which is within 3 km of
the land where the fire is burning may enter upon the land where the fire is
burning and take all proper measures to extinguish it.
(4) In so far as the
measures taken by the bush fire liaison officer, bush fire control officer or
authorised CALM Act officer are necessitated by reason of the failure of the
occupier of the land to comply with subsection (1), any expenses incurred by
the bush fire liaison officer, bush fire control officer or authorised CALM
Act officer, in taking measures to extinguish the fire, shall be a debt owing
by the occupier of the land to the State, local government or CALM Act CEO,
respectively.
(5) The FES
Commissioner (on behalf of the State), local government, or CALM Act CEO, as
the case may be, may recover the expenses from the occupier in any court of
competent jurisdiction.
[Section 28 amended: No. 11 of 1963 s. 14; No. 113
of 1965 s. 8(1); No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65
of 1977 s. 27, 47 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of
1998 s. 16; No. 38 of 2002 s. 39 and 40; No. 28 of 2006 s. 388; No. 19 of 2010
s. 52(4); No. 22 of 2012 s. 58.]
[ 29. Deleted: No. 65 of 1977 s. 28.]