In this
Part —
approved fire extinguisher , for an activity,
means a device used to extinguish fires that —
(a) is
suitable to extinguish a fire likely to occur in relation to the activity; and
(b) has
a capacity of at least 9 kg or 9 L; and
(c)
complies with the Australian Standards that —
(i)
relate to devices that are designed to extinguish a fire
likely to occur in relation to the activity; and
(ii)
are in force on the day on which the Bush Fires Amendment
Regulations 2021 regulation 4(2) comes into operation;
approved fire hose means a fire hose that
is —
(a) at
least 20 m in length; and
(b) at
least 19 mm in diameter; and
(c)
fitted with an adjustable nozzle having a full spray pattern capable of
projecting a 6 m jet of water;
approved pump means a pump that is capable of
delivering a minimum of 120 L of water per minute at 700 kPa through
an approved fire hose;
bituminising equipment means a bitumen tanker,
bitumen sprayer, bitumen storage unit, mobile asphalt plant, mobile asphalt
paver, pavement recycling machine or other similar piece of equipment;
blasting means the use of explosives on land;
CALM Act means the
Conservation and Land Management Act 1984 ;
CALM Act land means each of the following
categories of land —
(a)
land, or land and waters, to which the CALM Act applies under the CALM Act
section 5;
(b)
section 8A land as defined in the CALM Act section 3;
(c)
section 8C land as defined in the CALM Act section 3;
(d) land
owned by, vested in, or under the care, control and management of, the
Executive Body as defined in the CALM Act section 3, whether solely or
jointly with another body;
(e) land
to which the CALM Act section 131 applies;
catering activity —
(a)
means any of, or any combination of, the following undertaken for the purposes
of cooking food —
(i)
the use in the open air of an appliance that consumes
solid fuel;
(ii)
the use in the open air of an appliance comprising fire;
(iii)
the use in the open air of a cooking process which
produces fire (for example, flambéing);
but
(b) does
not include the use of a gas appliance as authorised under
section 25(1aa) of the Act;
catering site , in relation to catering activity,
means the place at which the catering activity is carried out;
engine, vehicle, plant, equipment or machinery
means any engine, motor vehicle, plant, equipment or machinery that is, or
that is activated by, an internal combustion engine;
essential service means any of the
following —
(a)
water supply, sewerage or drainage services;
(aa)
rubbish collection or disposal services;
(b)
electricity or gas services;
(c)
telecommunications services;
(d)
public transport services;
fire danger forecast , in relation to a work site,
road site, off‑road site or catering site, means the fire danger
forecast issued by the Bureau of Meteorology in Perth for the area in which
the site is located;
fire fighting vehicle means a vehicle
that —
(a) has
1 or more water storage tanks mounted upon it; and
(b) is
equipped with an approved fire hose and an approved pump, both of which are in
proper working order;
gas flaring means the controlled release, and
burning, of gas from a well, gas processing plant or other industrial
facility;
grading equipment means a grader, bulldozer,
scraper or other similar piece of equipment;
hot work means the operation in the open air
of —
(a)
welding apparatus of any kind; or
(b)
power operated abrasive cutting discs of any kind;
off‑road activity —
(a)
means the use or operation of any engine, vehicle, plant, equipment or
machinery on land on which there is bush or which is under crop or pasture or
stubble; but
(b) does
not include —
(i)
the use or operation of any engine, vehicle, plant,
equipment or machinery in the circumstances referred to in
regulation 24A(3), (4) or (5A); or
(ii)
road work;
off‑road site , in relation to
off‑road activity, means the place at which the off‑road activity
is carried out;
private road means —
(a) a
road or track that is not open to, or used by, the public; or
(b) a
driveway;
public authority means —
(a) a
Minister of the State; or
(b) an
agency or organisation as those terms are defined in the Public Sector
Management Act 1994 section 3(1); or
(c) a
local government or a regional local government; or
(d) a
body, whether incorporated or not, or the holder of an office, that is
established or continued for a public purpose under a written law and that,
under the authority of a written law, performs a statutory function on behalf
of the State;
rail grinding means hot work involving the
grinding of tracks for railways for the purpose of constructing, maintaining
or repairing the tracks;
road —
(a)
means —
(i)
a road as defined in the Road Traffic (Administration)
Act 2008 section 4; or
(ii)
a private road;
but
(b) does
not include any part of a reservation, median strip or traffic island on which
there is bush;
road site , in relation to road work, means the
place at which the road work is carried out;
road work means any of, or any combination of, the
following undertaken for the purposes of the construction, maintenance or
repair of a road —
(a) the
lighting, maintenance or use of a fire in the open air to heat bitumen in
bituminising equipment;
(b) the
loading of heated bitumen onto or the unloading of heated bitumen from
bituminising equipment;
(c) the
application of heated bitumen to the surface of the road using bituminising
equipment;
(d) the
grading of the surface of the road using grading equipment;
suitable spark arrester , in relation to an
exhaust system for an engine, equipment or other thing, means a device fitted
to the engine, equipment or thing that —
(a)
prevents sparks from escaping from all or part of the engine, equipment or
thing; and
(b)
complies with Australian Standard AS 1019‑2000 Internal Combustion
Engines ‑ Spark Emission Control Devices as in force on the day on which
the Bush Fires Amendment Regulations 2021 regulation 4(2) comes into
operation; and
(c) is
maintained in a clean, sound and efficient condition;
urgent works , in relation to the provision of an
essential service, means repairs or maintenance necessary for the continued
provision, or restoration, of the service;
work site , in relation to hot work, means the
place at which the hot work is carried out.
[Regulation 24AA inserted: Gazette
5 Nov 2019 p. 3880‑3; amended: SL 2021/10
r. 4.]
[Heading inserted: Gazette 5 Nov 2019
p. 3883.]