Bush Fires Act 1854 (SA)

No. 14.

An Act to make yroz?ision agnittst the dartger of Bush and other Fires.

[Assented to, December 15, 1854.1

HEREAS it is expcdient to rnalce further provision for the for the punishment of persons who shall wilfully or negligently	Preamble.
W prevention of injury to propcrty occasioned by fires, and
occasion any fires-Be it therefore Enacted, by the Lieutenant- Governor of the Province of South hustrdia, with the advice and consent of the Legislative Council thereof, as follows:
1. No fire shall be lighted for the burning of stubble, hay, or grass between the first day of December and the fifteenth day of	No stubble burned
during certain months,
unless bctween six and
March, unless between the hours of six and ten in the afternoon.	ten p.m.

2. If any person shall burn, or suffer to be burnt, any stubble, hay, Penalty for neglectiqg

D 2

or grass, upon his land, without having given one day's notice, at least,	precautions.
to the owner or occupier of any land or buildings which shall imme- diately adjoin the field or place of such burning? and who may reside thereon or within five miles thereof, of his intention to burn the same; or without providing, and having on the spot, at least four persons to assist in preventing the spread of any such fire; or without having ploughed or cleared at least three feet around the field or place where such burning shall take place, on the inside of the fence or boundary thereof; or within such period as afbresaid before six o'clock, or aftcr ten o'clock in the afternoon, such person shall, upon conviction thcreof, forfeit and pay a penalty of Five Pounds.
3. Any person who shall, between the first day of September and thirtieth day of April use, for the wadding of any gun, pistol, or	Penalty for using
.ignitible wadding.
other fire-arm carried by him, any paper, cotton, linen, or other ignitible substance, shall, upon conviction thereof, forfeit and pay a
penalty of Five .Pounds. 4, If

Permm carving gun

on lsnd of another 4. If any person, within such period as last aforesaid, shall use or

person, liable to er-

carry any gun, pistol, or fire-arm upon or over land the property of

anrination.

any other person, it shall be lawful for the owner, or occupier of such land, or his servant, to examine such gun, pistol, or other fire- arm, for the purpose of ascertaining the nature of the wadding used therein; and any person refusing to allow of such examination, or who shall, upon the occasion thereof, refuse to disclose his name to such owner or occupier, or servant, or who shall give a false name,

Penalty.

shall, upon conviction, forfeit and pay a penalty of not less than

Two Pounds nor more than Five Pounds.

Travellers lighting

bee, to clear a space.

5. If any person shall light a fire in the open air, for the purpose of cooking or bivouacking, without having previously cleared a space of ground around the same of the radius of tcn feet in the least of all grass, bushes, and leaves or branches of trees; or having lighted such fire, shall fail to extinguish the same fully before leaving the same, he shall, upon conviction, forfeit and pay a penalty of not less than Two Pounds nor more than Five Pounds.

"'W3" the Open

air, 6. Every person who shall, at any time during the months ot

December, January, February, and March, smoke in the open air, within twenty yards of any stable, or of any rick of hay, corn, straw, or stubble, unless within a town or village, shall, on conviction thereof, forfeit and pay a sum of Ten Shillings.

Trmenottobeblasted. 7. If any person, within the months of December, January, Feb- ruary, and March, shall employ gunpowder, or any other explosive mixture, for the purpose of blasting any trees, wood, or timber, without having at least four persons present, to prevent any fire arising there- from, he shall, upon conviction thereof, forfeit and pay the sum of Five Pounds.

Coroners or Justices 8. It shall be lawful for any Coroner, or Justice of the Peace, to

map in~viaitionsa hold an inquest touching any bush or other fire happening within the

said Province, and such inquest shall be held in the like manner, and the Coroner or Justice of the Peace holding the samc shall have

and exercise the like powers and authorities in all rcspects as are

by law prescribed and conferred in cases of the finding of a dead

body or of sudden deaths.

act not atkct my 9. Nothing in this Act contained shall take away or affect anp

other remediee.	right of action, or other remedy, which any person may have in respect of any loss or damage occasioned by any fire, or for any trespass committed.
Penalties to be re-
covered in a summary	10. All penalties by this Act imposcd may be recovered, and all proceedings thcreby directed may be had and taken in a summary way, before any two or more Justices of the Peace for the said Province.
way.
----

Adelaide: Printed by authority by W, C. Cox, ~ o v e r n m k Printer, Victoria-equare.