Bush Fires Act 1885 (SA)

ANNO QUAIIRAGESIMO OCTAVO ET QUADRAGESIMO

NONO

No. 357.

An Act to consolidate and amend the Laws relating to

Rush and other Fires.

[Assented f o, Dccemdw n t h, 1885.1

HEKEAS it is expedient to consolidate and amend the law P~~HI~IIIIc.

W relating to bush and other fires-Re it therefore Enacted

by the Governor-in-Chief of the Provi~rce of South Australia, with the advice and consent of the Legislative Council and Ilouse of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be cited as The Bush Fires Act, 1885." Short title.

2. The Acts enumerated in the schedule hereto are hereby ~epettl of AC~R.

A- 367.

repealed, but this repeal shall not affcct-

( a ) Anything done or suffered before the commencement of this

Act under any enactment repealed by this Act; nor

( h ) Any right or privilege acquired, or duty or liability imposed

or incurrcd under any section so repealed; nor

(c) Any fine, forfeiture, or other punishment incurred, or to he incurred, in respect of any offence committed before the comrnencement of this Act against any cnactmen t so repealed; nor

(d) The institution or prosecution to its termination of any legal proceeding or other remedy for ascertaining any such liability, or enforcing a.ny such fine or forfeiture, or inflicting any such punishment as aforesaid.

3. No fire shall be lighted for the burning of stubble, hay, grass, No stubble burned

or during certain month5

3 7 48" & 49' VICTORIIE, No. 357.

, The Bush Fires Act.-1885.

noon and BIX p.m, dc8sbet.~:eentwelve or herbage, between the first day of November and the thirtieth day

of April, unless between the hours of twelve noon and six in the

Proviso.

afternoon: Provided that nothing herein contained shall be construed to repeal or alter or to interfere with or take away the powers given to Corporations and District Councils to alter and vary the hours within which such fires may be lighted, but such alteration shall not have the force of law until public notice thereof shall have becn given in the Government Gaxettc, and by affixing a like notice on the front door or notice board of the Corporation office or District Council office making such alteration for at least thirty days.

burnt in certain

Scrub may not be 4, No fire shall be lighted for the burning of scrub during the

months. months of November, December, and Jartuary; and any person who shall light a fire for the purpose of burning scrub in the said months of November, December, and January, shall, upon conviction, forfeit and pay a pcnulty of not less than 'l'en Poui~ds and not exceeding Fifty Pounds.

Scrub may be burnt	5, During the months of February, March, and April, tlie
under certain condi-

tions. owner or occupier of any land may, at any time of the day between sunrise and sunset, clear the said land by burning the scrub thereon. but no fire for the burning of scrub during thc said months shall be lighted unless a spacc of at least half a chain in width sl~all have been ploughed or cleared of scrub around the whole of the land or place to be burnt; and any person wllo shall light any snch fire, or b u n, or suf i r to be burnt, any scrub, except in the day time between sunrise and sunset, or who shall light any such fire, or burn any such scrub without having at least four men t o prevent the spread of such fire, and to watch and control the same until such fire is thoroughly ex tin guished, shall, upon conviction, forfeit and pay a penalty of not less than Five Pounds and not exceeding Thirty Pounds.

Penaltpforneglecting 6, If any person shall burn, or light any fire with intent to burn, or

~rcaaution .

suffer to be burnt, any stubble, hay, grass, herbagc, or scrub, upon his

land, without having given one day's notice at least to the owner

the field or place of such burning, and who may reside thereon or	or occupier of any land or buildings which shall immediately adjoin
within five miles thereof, of his mtention to burn the same; or if any person holding an annual licence for depasturing purposes within any Hundred shall burn, or suffer to be burnt, any grass or other herbage, or any scrub or timber growing upon the Crown lands within such Hundred, without havi~ig given one day's notice at least to the nearest Police Constable of his intention to burn the same; or without providing, and having on the spot, at least four adult persons to assist in keeping under control and preventing the spread of any such fire until such fire is extinguished, or without having ploughed or cleared at least eight 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 aforesaid
during the prohibited times, such person shall, upon conviction thereof, forfeit and pay a penalty of not less than Three Pounds
and not exceeding Twenty Pounds. 7. No

f	.	.L
48" & 49' VICTORIE, No. 357.

The Bush Rres A c t. 1 8 8 5.

7, No fire for the burning of stubble, hay, grass, herbage, or Fires not to be

scrub, shall be lighted on Sunday; and whosoever shall light such lighted on Sunday.

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

Twenty Pounds nor more than Fifty Pounds.

8. Any person who shall, between the first day of September and Ignitable wadding prohibited.

thirtieth day of April, use for the wadding of any gun. rifle, pistol, or other firearm carried by him, any paper, cotton, linen, or other ignitable substance, shall, upon conviction thereof, forf~i t and pay a penalty of Five Pounds.

9, If any person, within such period as last aforesaid, shall use Persons carrying gun on land qf another

or carry any gun, rifle, pistol, or firear~n upon or over land the person, ll&leto

property of any other person, it shall be lawful for the owner or examimtion. * L .

occupier of such land, or his servant, to examine such gun, rifle, pistol, or other firearm, for the purpose of ascertaining the nature of the wadding used therein; and any person refusing to allow of s ~ c h

examination, or who shall, upon the occasion thereof, refuse to dis- close his name to such owner or occupier, or servant, or who shall give a false name, shall, upon conviction, forfeit and pay a penalty of not less than Two Pounds nor more than Five Pounds.

10, If any person shall light or use any fire in the open air for Travellers lighting

the purpose of cooking, bivouacking, or for any other pllrpose, with- fires to clear H space.

out a space of ground around thc: same, of the ~vadius of tell feet at

least, having been previously cleared of a11 grass, bushes, and leaves,

or branches-of trees; or having lighted or used any such fire, shall

neglect fdly and completelv to extinguish the same before leavitig

the place, he shall, upon cobviotion, forfeit and pay a penalty of not

less than Two Pounds nor more than Twenty Pounds.

November, December, Jantlary, February, March, and April, smoke air near ~taoks, &c. 11, Every pcrson who shall, at any time during the months of Smoking in the open

in the open air within twenty yards of any stable. or of any rick, stack, or field of hay, corn, straw, stubble, or other infknmmable vege- table production, unless within a town, or except with a pipc pro- perly covered, shall, on conviction thercof, forfeit and pay a sum of not less than 'I'cn Shillings nor more than Two Pounds.

12. Whosoever unlawfully and maliciously, for the purpose of Placinginflammable material for the pur-

causing any fire, shall put or place any matches or other inflammable or combustible substance, matter, or thing, in such a position that the same may be ignited by the sun's rays being focussed through glass or other substance, or by friction or other means whereby such matches or inflammable or combustible substance, matter, or thing, may be ignited, exploded, or set on fire, or whereby such fire may be lighted with intent to injure or damage any person or property, shall, whether such fire shall be caused or not, be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding fourteen years, with hard labor. , , of ,,,i, a h

13, If any person, within the months of Xovember, December, Treesnottobe January, blmtsd.

48" & 49O VICTORIW, No. 357.

The Bush Fires A c t. 1 8 8 5.

January, February, March, and April, 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 therefrom, he shall, upon conviction thereof, forfeit and pay the sum of not less than One Pound nor more than Twenty Pounds.

Act not to affect any 14* Nothing in this Act contained shall take away or affect any

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.
8 u m m v ~rocdum.	15. Every proceeding under this Act, for omissions, defaults, acts, or offences, to which any penalty is attached, shall be had and taken and may be heard and determined in a summary'wag, by any Special Magistrate or Two Justices of the Peace, under the provisions of an Ordinance of the Governor and 1,egislative Council, No, 6 of 1850,
" To facilitate the performance of the Duties of Justiccs of the Peace
out of Session, with respect to summary convictions and orders," or of any Act now in force, or hereafter to be in force, relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders may be enforced, as in the said Ordinance is mentioned.

Appeal to Adelaide	Local Court of Full 16, Thcrc shall be an appeal from any conviction hy any Special
Jurisdictiun,ornearmt Magistrate or Justices of the Pcace, for iMly ofience against this Act, L O C ~ Court. or from any order dismissing any information or complaint, or from

any order for payment of money, whethcr for costs or otherwise; which appeal shall be to the Local Court of Adelaide, or at the option of the appellant to the nearest Local Conrt of Full Juris- diction, and the proceedings of such appeal shall be conducted .in manner appointed by the said Ordinance, No. G of 1850, or any amendment thereof, for appeals to thc Local Courts; but the Local Court aforesaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten

Pounds,

Appro~riation of	17. All moneys received for penalties imposed for offences against this Act shall bc paid to the Treasurer on behalf of Her Majesty, lfer heirs and successors, for the public uses of the said province, and in support of the Government thereof, except xnvrleys received in respect of any offence committed within the limits of m y Corporation or District Council, in which case the same shall be paid over to thc Corporation or District Council within whose limits such offence was committed, for the use of the said Corpora-
penalties.
tion or Z)istrict, ,

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

W ILLIAM C. F. ROBINSON, Governor.

48" & 49a VICTORIE, No. 357.

The Bush Fires Act.-1885.

THE SCHEDULE REFERRED TO.

Extent of

Title of Act. I No. of Act. Repeal.

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. + C _ - _ _ I _

No. 18 of 1864

'& The Bush Fires Act, 1864," ,. .. . .. ,. ,. .. .. ,, ..

An Act to amend " The Rush Fires Act, 1864.". .. .. . No. 15 of 1874 whole

An Act to further amend "The Bush Fires Act, 1864." No. 264 of 1882 I The

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Adelaide : By authority, E. SPILLER,	Govemmeat Printer, North-terrace.
P-357.