Bush fires (1847) (WA)

WESTERN AUSTRALIA.

AN NO DECIMO

VICTORI2E REGINS

No. XV.

An Ordinance to diminish the Dangers

resulting from Bush Fires.

HEREAS it is expedient so far as may be possible to prevent Fry forsetin g fir: to

the evils which result from what are commonly called " Bush taeu/slrainwristIor be t st

Fires"—Be it therefore enacted, by His Excellency the Governor of " exceeding 60.

Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that any person who shall

10th Viet, No. 15. 1847.

be convictd of either wilfully or through carelessness setting fire to any Grass, Stubble, shrub, or other natural vegetation whatsoever, at any time between the first day of September in any year, and the first day of April in the year next thereafter following, shall forfeit and pay for every such offence a sum not exceeding fifty pounds.

Occupiers may cause fires II. PROVIDED always and be it enacted, that it shall be lawful

not estenchnp , beyond 10 p

yards, nor limits of his for any lawful occupier of land to cause such fires to be made at any

land. time upon the said land for any purpose whatsoever as shall not extend beyond the distance of ten yards from the place where the same shall first have been made, nor beyond the limits of such lands so held by him as aforesaid.

between 1st February and .Occupiers may canse fires III. AND be it enacted, that it shall be lawful for any such occu-

Ist of April, not extending p ier of land as aforesaid to cause any such fires to he made at any

beyond limits of his land. time between the first day February and the first day of April in

each year as- shall not extend beyond the limits of the land so occupied

by him as aforesaid.

Native, or lad under T6 IV. AND be it enacted, that where the person unlawfully cans-

years, may be flogged in i ner any such fire as aforesaid shall be an Aboriginal Native of thislieu of other punishment. colon y , or a boy under the age of sixteen years, it shall be lawful for

the convicting Justices at their discretion, in lien of other punishment, to order he be publicly flogged, receiving any number of lashes not exceeding fifty

Penalty or punishment no V. PROVIDED always and be it enacted, that no conviction, bar to action, &e.

payment of pealty, or endurance of punishment, under this Ordinance

shall bea bar to any civil proceeding by action or otherwise, on the

part of any person sustaining damage by any such fire, as aforesaid,

for recovery of compensation for such damage.

Limitation of prosecutions VI. AND be it enacted, that all informations and proceedings 3 months.

for offences against this Ordnance shall be commenced within three calendar months after the offences thereby respectively chaged shall have been eomrnited, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded and

Jurisdiction 7 V. 12.

enforced in a summary manner before any two Justices of the Peace, according to the provisions of an Act passed in the seventh year of

the reign of Her present Majesty, entitled " an Act to regulate sum-

mary proceedings before Justices of the Peace."

1847.               10th Viet. No. 15.

VII. AND be it enacted, that if any person shall think himself Appeal to Quarter sea•

aggrieved by any Conviction under this Ordinance awarding a pe- si°na

cuniary penalty exceeding ten pounds, he may appeal therefrom to

the next Court of Quarter Sessions.

FREDERICK CHIDLEY IRWIN,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Council 1

2nd Sept., 1847.

WALKINSHAW COWAN,

Clerk of the Councils.

Printed by authority of the Government, by li. Stirling, Perth.