Western Australian Current Regulations

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BUSH FIRES REGULATIONS 1954 - REG 38B

38B .         Equipment powered by internal combustion engine, power to prohibit operation of

        (1)         Where, in the opinion of the bush fire control officer, the operation of any power saw, bag loader or other plant or equipment activated by internal combustion engine on any land in the district may constitute a fire hazard, he may, by wireless broadcast from a radio station giving broadcast coverage to the district, by publication in a newspaper circulating in the district or by written notice or oral direction given to any person or persons, subject to such direction as may be given by the local government, prohibit the operation of any such power saw, bag loader or other plant or equipment, until further notice, unless the operator has first —

            (a)         provided, at the site of operation, such firefighting equipment, supply of water and other means of extinguishing fire as the bush fire control officer may, by the same means, direct; or

            (b)         fitted to the engine by which the power saw, bag loader or other plant or equipment is activated a spark arrester of a suitable design, maintained in a clean, sound and efficient condition.

        (2)         Every person shall, before operating any power saw, bag loader or other plant or equipment activated by internal combustion engine on land of which any part is under crop, pasture or stubble or that is forest land, fit to the engine by which the power saw, bag loader or other plant or equipment is activated a spark arrester of suitable design, maintained in a clean, sound and efficient condition.

        (3)         Every person who operates any power saw, bag loader or other plant or equipment activated by an internal combustion engine —

            (a)         contrary to a prohibition given under subregulation (1); or

            (b)         in contravention of subregulation (2),

                commits an offence.

        Penalty: $5 000.

        [Regulation 38B inserted: Gazette 26 Feb 1965 p. 708; amended: Gazette 22 Dec 1998 p. 6858; 10 Jan 2003 p. 32‑3.]



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