Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Act 2005 (SA)

South Australia

Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Act 2005

An Act to amend the Botanic Gardens and State Herbarium Act 1978.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Botanic Gardens and State Herbarium (Lighting of Fires) Amendment Act 2005.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Botanic Gardens and State Herbarium Act 1978

3—Insertion of section 24A

After section 24 insert:

24A—Lighting of fires prohibited unless authorised

1. (1)

   A person must not, except as authorised under this section, light or maintain a fire on any land vested in, or placed under the control of, the Board.

Maximum penalty: Division 6 fine or division 6 imprisonment.

Expiation fee: Division 7 fee.

1. (2)

   Subsection (1) does not apply to—

   1. (a)

      the Director or any other staff appointed or assigned to assist in the administration of this Act under section 20 when acting in the course of official functions or duties; or

   2. (b)

      a person employed or engaged to perform services on behalf of the Board when performing those services; or

   3. (c)

      a person carrying out functions in accordance with a lease or licence issued by the Board.

2. (3)

   The Director may, by signs placed from time to time on any prescribed land, authorise the lighting of fires in a barbecue, stove or other receptacle on the land, subject to any conditions specified in the sign.

3. (4)

   The Director may, on application made by a person in such manner as the Director may require, authorise the lighting of a fire by the person on prescribed land in circumstances not authorised by the Director under subsection (3).

4. (5)

   An authorisation under subsection (4)—

   1. (a)

      may be subject to such conditions as the Director thinks fit; and

   2. (b)

      may be varied or revoked by the Director at any time.

5. (6)

   In this section—

prescribed land means any of the following land vested in, or placed under the control of, the Board:

1. (a)

   the land known as Wittunga Botanic Gardens in Blackwood;

2. (b)

   the land known as Botanic Park in Adelaide;

3. (c)

   any other land prescribed by regulation.

4—Amendment of section 27—Regulations

Section 27(2)(i)—delete paragraph (i)