(1) A local government
may declare that the use by a person of any harvesting machinery on any land
under crop during the whole or part of any —
(a)
Sunday; or
(b)
public holiday,
in the whole or a
specified part of the district of that local government during the prohibited
burning times or the restricted burning times is prohibited unless the person
has obtained the written consent of a bush fire control officer of that local
government.
(2) A declaration
under subregulation (1) —
(a)
shall be made by notice in a newspaper circulating in the area affected by the
prohibition; and
(b) may
be revoked or varied in the manner in which it was made,
and the local
government shall forward a copy of a declaration or of a revocation or
variation of a declaration to the FES Commissioner.
(3) A person who
contravenes a declaration made under subregulation (1) commits an
offence.
Penalty: $5 000.
[Regulation 38C inserted: Gazette
27 Oct 1989 p. 3898; amended: Gazette 22 Dec 1998
p. 6854 and 6858; 10 Jan 2003 p. 33;31 Oct 2012 p.
5251‑2.]