Bush Fires Act 1864 (SA)

, U N 0 VICES1310 SEPTIMO ET VICESIMO OCTAVO

No. 18.

h Act to repeal Act No. 14 o f 1854, intituled " As Act to nnke

provision a,yaij;st t l ~ c danger o f Bush and other Fires," and to

nznke other provisions in lieu thereof;

[Assented to, 9th December, 1864.1

i t is expedient to repeel an Act, No. 14 of 1854, Preamble.

intituled " An Act to make provision against the danger of Bush and other Fires,7' and to make other provisions in lieu thereof for the preveutiou of illjury to property occasioned by fires, and for the puoiahment of pcrsous who shall wilfully and lie&

gently ocoasioii m y fircs-Be it therefore Enacted by the Governor- in-Chief of the Province of South Australia, with the advice and consent of the Legislntive' Council and House of Assembly of the

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said Province, in this present Parliament assembled, as foliows:

1. An Act, No. 14 of 1854, intituled '' An Act to make provision against the danger of Bush and other Fires," is hereby repealed; save so far s s is necessary to enable any penalty to be imposed, enforced, or recovered, or punisbmcnt to be inflicted for any offence against the said Act heretofore committed. Repeal of A O ~.

2. No fire sliall be lighted for the burning of s tubbl~, hay, !;r~;::$a.~:hg,

grass, between the first day of November and the fifteenth day unlcaabat

April, unless betmeell the hours o f m k a n d ten in the afternoon: tm Pp.m.

.ovided that nothing lrerein contained shall be construed to repeal

alter the 114th section of '' The District Councils Act, l85 8,"

or to interfere with or take away the powers thereby @ven to Dis- trict Councils, to d t e r and vary the hours within whwh such fires may be lighted, as in such section is mentioned: Provided also

, that

14t j , + S ?2F& 28O VICTORIB, NO. 18.

Bush Fires Act.-1864,

that it shall be lawful for any District Council, within such liinits of its own district as it ma,y deem fit, to fix the time of tlie prohi- bition aforesaid, so as to make i t applicable to tt yeliod extending

from the first day of December to the fifteenth day of hlarch.

P e n a 1 t y f o r n e W i n ~	3.	If any person shall burn, or suffer to be burnt, m y stubble,
precaution.

hay, or grass, upon his land, without haring given one day's notice,

a t least, to the owner or occupier of any land or btlildinqs which shall immediately adjoin the field or place of such buniiu,rr, mid who may 'eside thereon or within five miles thereof, of his inten- tion to burn the same; or if anv person holding an annual liccncc for depasturing purposes within any Hundred shall bum, or suffer to be burnt, any grass or other herbage, or any scrub or timber growing upon the lands within such Hunclred, withoot having given one dayq@ notice at least to the Crown Lands Ranger of such ilundred

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. of his iitentiod to 'blirn the same; or without providing, and harin(7

ir

on t l ~ g 8pot,i-at least four persous to assist in preventiug the spread ot

a r ~ y such fire; $2 without lraviirg plouglled or cleared at lrnst t h e

feet around the field or place wlwe such bnrning &all take plscc, on the inside of the fence or boundary thereof; or within suc.11

period as aforesaid before six o'clock, or after ten o'clock in the afternoon, such person shall, ~ p o u conviction thereof, forkit ancl

my a penalty of not lcss than Three Por~nds, and not escecrling

ben Pounds.

Penalty for using	4.	'Any person who shall, between the first day of Se1)teruber and
ignitable wadding,

thirtieth day of April use, for tlin waddiug of m y gnn, pistol, or other fire-arm carried by him, any paper? cotton, lineli, or otiier ignitable substance, slia11, upon co~~victioii tliercof, forfeit mid pay a

penalty of Five Pounds.

Perlrons carrying gun

on land of another 5. If auy person, within such period as last aforesaid, slid1 use or carry any gun, pistol, or fire-arm upon or over l i ~ ~ i d

person, liable to	the property of
examination.

anv other uerson. it sliall be lawfi~l for tlie owuer or occunier. of

sub l m d, b r his'servaot, to examiiw such sun, pistol, or o t h h fire-	arm, for the purpose of ascertiliuiug the nature of the waddins used
therein; and any person refusiug to allow of such emmiua,tlon, or who shall, upon the occasioli thereof, refuse to disclose his liniiw to such owuer or occ~~pier, or servant, or who s l d l give n fdse name,

Penalty.	shall, upon conviction, forfeit and pay a p c d t y of not less than
Two Po~tnds nor more than Five Pounds.

6. If any person shall light or use any fim i u the opeu air for the

''raVel!e's

fires to clear Iighthg a apace,

purpose of cooking, bivouncing, or fbr any o t h r purpose, witbout :I space of ground around the same, of the radius of tell feet at least having been previoudy c d of all gmss, bushes, and leaves, or bra'nchcs of' trees; or lighted or used ally such fire, shall

i V %	neglect fully and coniple tely to ex tinguisb tllc same before leaving the place, he shall, upon conviction, forfeit and pay a penalty of
not less than Two Pounds, nor more than Five Pounds.

7. Every

27" & 28" VICTORIXt, No. 18. T43

Bush 3 i ' r~s Act .1864.

7. Every person wlio shall, a t ally time during the montlis of s.mokinsintheo~en alr.

November, Deceuiber, J anuary, February, B4arc11, and April, smokc in thc opcri air vit,hin twenty ywds of aLy stable, or of any rick or

field of hay, corn, straw, or stubble, unless within a town, shall, on

conviction thereof, folfeit ancl pay a sum of not less than Tcu

Shillings, nor more than Two Pounds.

8. If any person, withill the moilths of November, December, ~ r e c s n o t t o b e b h t e d

Jauuary, Febr~~itry, March, and April, sl~all employ gunpowder, or any other explosive mixture, f'or the purpose of blasting any trees, wood, or timber, without baviagr at least four persons present, to prevent any fire arising thexfrom, he shall, upon convictioli thereof, forfeit and 'py the sum of Five Pounds.

9. I t shall be lawful for Coroner, or Justice of thc I'eace, to coroners or Justicc

hold an inquest, toucliing	bush or other fire linppening within may hold inquisition.
the said Proriuce, ancl	uest shall he ilcld in the like manner,#+ r/Yo S3 2.

and the Coroner or	Peace hvldiiig the same shall have	4?
and exercise the	authorities in all rcspccts as arc

by law	cases of the finding of a dead
body, or of sudden deaths.

10. Nothing in t'liis Act contained shall take away or affect m y A C ~ not to any

right of action, or other remedy, which any person may have in

xemedisg*

respect of any loss or damage occasioned by anv fire, cr. for any

trespass committed.

11. Every proceeding under this Act, for omissions, dehults, acts, Summary procednre.

or ofkuccs, to mllicli any pennlt'y is attached, sllall be hacl aud taken

and may be heard and determined in a sumnlu~y way, by ally Special Maqistrate or two Justices of the Pence, under tllc provisions of nu

Ord~mnce of the Governor and Legislntive Council, No. (i of 1850,

facilitate the performance of thc duties of Justices of the Peace oot of session, with respect to sulxinlary convictions and orders," or of any Act hereafter to be in force relating to tlie duties of	Justices of the l'eace, with respect to smniunry convictions and
ordcrs, and all coilvictions ancl o ~ d e r s may be enforced, as in thc
said Ordiuance is mentioned.

TO

12. There shall be an appeal from any conviction by any Special A~WQ! to Adelaide

Xiin,pistrate or Justices of the Pence, for any offence against this Act, Jurisdiction. Local Court of Full

or froin any order disiuissing any irlforlliatioii or comnlaint. or from d V .r I

any order for payment of money, whether for costs or otherwise; which appeal shall be to the Local Court of Adelaide of Full Juris- dictioil only, and the proceedings 011 sucli appeal shall be condacted in manner ilppoilited by the said Ordinance, No. G of 1850, for appeals to Local Courts; but the Local Court of Adelaide afore- said may make sucli order as to the payment of the costs of

appeal as it shall think fit, although such costs may exceed Ten

Pounds.

13, All

. 144 27" & 28" VICTORIB, No. 18.

Bush Fires Act .1864.

Appropriation of

penalties,	13. All moneys received for penalties imposed for offences against this Act, shall be paid to the Treasurer on behalf of IIer ~ a j e s t ~, Her heirs, aud sukcssors, for the public uses of the said Province, and in support of the Government thereof, except moneys received in respect of any offbnce cornn~itted witbin the limits of any
Corporation or District Council iu which case he same shall be
paid o v e ~ to the Corporation or District Council within whose limits such offence was committed, for the use of the said Corpo- ration or District.

to muni-

cipal Corporations 14. Nothing in this Act contained shall be construed so as in

A&, ,861.

any way to repeal or vary any of tllc provisions of The Muui- cipal Corporations Act, 186 l," or to iuterfcre with or take away all or m y of the powers and authorities thereby conferred on the

respective Councils of the several iorporate cities and towns to

which such Act has been, or nmy he?ea!ler be, extended within the

limits of such cities and towns respect&ely.

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Short &I*. ' 15. This Act may be cited as hi Bush Fires Act, 1864."

In the name and on behalf of the Queen I hereby assent to

this Act,

D. ~ ~ A L Y, Governor.

Adelaide: Printed by authority, by W. C, Cox, Go~ernmcnt Printer, Victoria-square,;