(1) In this
regulation —
bee smoker device means a device used to generate
smoke for the purposes of beekeeping;
prescribed period means —
(a) the
prohibited burning times; or
(b) the
restricted burning times; or
(c) a
day or any period of a day for which the fire danger forecast issued by the
Bureau of Meteorology in Perth in respect of the locality where it is proposed
to operate the bee smoker device is “catastrophic”,
“extreme” or “high”.
(2) For the purposes
of section 27A(1)(a)(ii) of the Act, the operation of a bee smoker device
in the open air is an operation likely to create a bush fire danger.
(3) A person shall not
operate a bee smoker device in the open air during a prescribed period
unless —
(a) at
least one fire extinguisher is provided at the place where the device is
operated; and
(b) the
ground within a distance of 3 m from the place referred to in
paragraph (a) has been —
(i)
sufficiently cleared of inflammable material; or
(ii)
sufficiently damped down with water,
to prevent the escape
of fire.
(4) A person who
operates a bee smoker device in the open air during a prescribed period
shall —
(a)
ensure that neither the lighting nor the operation of the device results in
the ignition of inflammable material outside the device; and
(b)
place the device in a fire resistant container when it is alight but not being
held by the person; and
(c)
extinguish the fire in the device on completion of its operation.
(5) A bush fire
control officer may, subject to the directions, if any, of the local
government by which the officer was appointed, issue —
(a) to a
person operating a bee smoker device during a prescribed period; or
(b) to
the owner or occupier of the land on which that operation is carried out,
such directions as the
officer considers necessary for the prevention of fire on that land and the
person, owner or occupier, as the case may be shall comply with those
directions.
[Regulation 39CA inserted: Gazette
22 Dec 1998 p. 6857‑8; amended: Gazette
1 Dec 2009 p. 4835; SL 2022/153 r. 11.]