(1) In this Act unless
the context otherwise indicates or requires —
adjoining , when used with respect to 2 or more
pieces of land, extends to pieces of land which are separated only by a road
or roads or by a railway or by a watercourse;
authorised CALM Act officer means —
(a) a
wildlife officer who is authorised for the purposes of the
Conservation and Land Management Act 1984 section 45(4)(b); or
(b) a
forest officer, ranger or conservation and land management officer who is
authorised for the purposes of the Conservation and Land Management Act 1984
section 45(5A)(b);
bush includes trees, bushes, plants, stubble,
scrub, and undergrowth of all kinds whatsoever whether alive or dead and
whether standing or not standing and also a part of a tree, bush, plant, or
undergrowth, and whether severed therefrom or not so severed. The term does
not include sawdust, and other waste timber resulting from the sawmilling of
timber in a sawmill whilst the sawdust and other waste timber remains upon the
premises of the sawmill in which the sawmilling is carried on;
bush fire brigade means a bush fire brigade for
the time being registered in a register kept pursuant to section 41;
CALM Act CEO has the meaning given to CEO by
section 3 of the Conservation and Land Management Act 1984 ;
CALM Act Department has the meaning given to
Department by section 3 of the Conservation and Land Management Act 1984 ;
Department has the meaning given in the FES Act
section 3;
employed in the Department means employed or
engaged in the Department in accordance with the FES Act section 20(1);
FES Act means the Fire and Emergency Services Act
1998 ;
FES Commissioner has the meaning given in the FES
Act section 3;
forest land means State forest and timber reserves
within the meaning of the Conservation and Land Management Act 1984 and any
land to which section 131 of that Act applies;
occupier of land means, subject to subsection (2),
a person residing on the land or having charge or control of it, whether the
person is the owner or tenant or a bailiff, servant, caretaker, or other
person residing or having charge or control of the land and includes a person
who as mortgagee in possession has possession of the land, while the land is
unoccupied, and also a person who has the charge or control of 2 or more
separate parcels of land, although the person resides on only one of the
parcels;
prohibited burning times means the times of the
year during which it is declared by the Minister under section 17 to be
unlawful to set fire to the bush within a zone of the State and, in relation
to any land in such a zone —
(a)
includes any extension of those times made, or any further times imposed,
under that section in respect of the whole of that zone or in respect of the
part of that zone, or the district or part of a district, in which that land
is situated; but
(b) does
not include any period by which those times are reduced, or for which those
times are suspended, under that section in respect of the whole of that zone
or in respect of the part of that zone, or the district or part of a district,
in which that land is situated or in respect of that land in particular;
restricted burning times means the times of the
year during which it is declared by the FES Commissioner under section 18 to
be unlawful to set fire to the bush within a zone of the State except in
accordance with a permit obtained under that section and with the conditions
prescribed for the purposes of that section and, in relation to land in such a
zone —
(a)
includes any extension of those times made, or any further times imposed,
under that section in respect of the whole of that zone or in respect of the
part of that zone, or the district or part of a district, in which that land
is situated; but
(b) does
not include any period by which those times are reduced, or for which those
times are suspended, under that section in respect of the whole of that zone
or in respect of that part of that zone, or the district or part of a
district, in which that land is situated.
(2) Subject to
section 33(9), a reference in this Act to an owner or occupier of land does
not include a reference to a department of the Public Service that occupies
land or a State agency or instrumentality that owns or occupies land.
[Section 7 amended: No. 11 of 1963 s. 3; No. 65 of
1977 s. 4; No. 112 of 1984 s. 22; No. 60 of 1992 s. 4; No. 14 of 1996 s. 4;
No. 42 of 1998 s. 4 and 16; No. 38 of 2002 s. 18; No. 70 of 2003 s. 6; No. 28
of 2006 s. 387; No. 22 of 2012 s. 46 and 69; No. 24 of 2016 s. 312.]
[Division 1 heading deleted: No. 42 of 1998 s. 5.]
[ 8. Deleted: No. 42 of 1998 s. 6.]