Western Australian Current Regulations Western Australian Current Regulations (1) Where the Governor
by proclamation under section 26 authorises the burning of a plant during
the whole or part of the prohibited burning times, a person shall not burn a
plant under that proclamation unless he has obtained a permit under this
Division.
(2) An application
under subregulation (1) shall be in the form of —
(a) Form
8 in the Appendix; or
(b) a
letter containing all the particulars required to be given in that Form,
and shall be submitted
to the authorised officer for the district in which the burning is to
occur —
(c) not
later than 7 days before the day on which it is intended to commence
burning; or
(d)
within any shorter period fixed by agreement between the person and the
authorised officer.
(3) The authorised
officer with whom the application is lodged may require the applicant to make
the statutory declaration contained in the form of the application.
(4) The authorised
officer issuing a permit to burn plants under the provisions of this Division
may incorporate in that permit any requirements and directions additional to
those specified in this Division that he may consider necessary relative to
the burning, and the holder of the permit shall observe and carry out those
requirements and directions.
(5) Where a local
government issues directions to an authorised officer as to the manner in
which or the conditions under which permits to burn plants shall be issued in
the district of the local government by that officer, he shall comply with
those directions.
(6) Subject to
regulations 34 and 35, a permit to burn proclaimed plants shall not be
granted unless and until the applicant for the permit satisfies the authorised
officer to whom the application is made that —
(a) the
land to be burned at one time and under the permit applied for does not exceed
the area as fixed by the authorised officer when granting the permit, and in
any event does not exceed 40 ha;
(b) the
area has been surrounded by a firebreak to a width of not less than 6 m;
(c) if
the area to be burned is carrying any standing trees, that all grass and
debris has been raked to a distance of not less than 2 m from the base of
each standing tree.
(7) A person who is
granted a permit shall deliver or cause to be delivered written notice of the
intended burning to —
(a) each
owner or occupier of land adjoining the land on which burning is to occur; and
(b) the
chief executive officer and a bush fire control officer of the local
government for the district in which the land on which burning is to occur is
situated; and
(c) if
that land is within 3 km of forest land, a forest officer; and
(d) each
government department or statutory body which has made it known to people in
the district concerned that it requires to be notified of the granting of a
permit under this Division,
and such notice shall
be given —
(e) not
later than 4 days before the commencement of burning; or
(f)
within any shorter period fixed by agreement between the holder of the permit
and any person referred to in paragraph (a), (b), (c) or (d) in respect
of notice to that person.
(8) The authorised
officer shall specify in a permit to burn proclaimed plants the day, not being
a Sunday and not necessarily the day for which the permit was sought, on which
burning is authorised, and subject to subregulation (12), shall specify
such time between the hours of 2 p.m. and midnight of the same day as he
thinks fit, or as the local government may from time to time direct at which
burning may be commenced.
(9) A permit to burn a
proclaimed plant shall be in the Form 9 in the Appendix.
[(10) deleted]
(11) The authorised
officer to whom the application for the permit is made may, before granting
the permit enter upon the land of the applicant to inspect the area proposed
to be burnt.
(12) The FES
Commissioner may, by notice in the Government Gazette , authorise the issue of
permits for the burning of proclaimed plants in any district or part of a
district at a time prior to 2 p.m., and in that event a permit may,
subject to the directions of the local government for that district or that
part of a district, specify a time prior to 2 p.m. for the commencement of
such burning.
(13) No fire shall be
lit pursuant to the provisions of this regulation on a day, or during any
period of a day, if for that day or that period the fire danger forecast
issued by the Bureau of Meteorology in Perth in respect of the locality where
it is proposed to burn the proclaimed plant is “catastrophic”,
“extreme” or “high”, and the person who has received
the permit under the provisions of this regulation shall not burn a proclaimed
plant in the locality on that day or during that period, but may burn the
plant in that locality on the first day next following the day or period of a
day on which the fire danger forecast issued by the Bureau of Meteorology in
Perth in respect of the locality is below “high”.
(14) The owner or
occupier of the area to be burned shall himself arrange for and provide at
least 3 persons to be constantly in attendance at the fire in the area from
the time it is lit until it is completely extinguished and to assist in
keeping the fire under control and preventing it from spreading beyond the
area proposed to be burned.
[Regulation 33 inserted: Gazette
27 Oct 1966 p. 2780‑1; amended: Gazette
12 Jul 1974 p. 2612; 10 Mar 1978 p. 707;
27 Oct 1989 p. 3896‑7; 22 Dec 1998
p. 6854, 6856‑7, 6858; 1 Dec 2009 p. 4835;
31 Oct 2012 p. 5251‑2; SL 2022/153 r. 10.]