Bush Fires Act 1885 (WA)

Wiextern attotratia.

ANNO QUADRAGESIMO NONO

VICTORIA, BEGINS

*****************fl**********a*******a***Ø************

No. IX.

AN ACT to diminish the dangers resulting

from Bush Fires.

[ Assented to, 18th September, 1885. ]

HEREAS it is expedient to amend the law relating to Bush

Fires: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice	W
and consent of the Legislative Council thereof, as follows:-

1.	THIS Act may be cited as " The Bush Fires Act, 1885."	Short title.
2.

THIS Act shall come into force on the first day of December, 1885 ; but it shall be lawful for the Governor in	Commencement of
Act.
Council, previously to this Act coming into force, to declare the times during which it shall be unlawful to set fi re to the bush in any part of the Colony after the commencement of this Act.

3.

THE Ordinance No. 15 of 1847, intituled " An Ordinance to diminish the dangers resulting from Bush Fires," is hereby repealed;	Repeal of 10 Vic.,
No. 15.
provided that this repeal shall not affect any liability incurred, or any right accrued, or the validity of any proceedings commenced or taken before the commencement of this Act, but such liability or

49° VICTORII-E, No. 9.

The Bush Fires Act, 1885.

right may be enforced, and such proceedings may be carried on, as

if this Act had not passed.

4. IN this Act the following words shall have the meanings "Bush" shall mean and include grass, stubble, scrub,

Interpretation. respectively assigned to them, if not inconsistent with the context:

bushes, trees, and all other vegetation.

" Prohibited times " shall mean the times of the year during which it shall have been declared by the Governor in Council to be unlawful to set fire to the bush within any district or part of the Colony, as hereinafter mentioned.

" Occupier of land" shall include any person residing on the land and having charge or control thereof, whether such person shall be the owner or tenant, or a bailiff, servant, caretaker, or other person residing and having charge or control as aforesaid.

5.      THE Governor, with the advice of the Executive Council,

Governor in Council may from time to time, by notice published in the Government

to fix prohibited

times.	Gazette, declare the times of the year during which it shall be
unlawful within any district or part of the Colony, mentioned in the said notice, to set fire to the bush within that district or part, and may from time to time revoke, vary, or amend such declarations by notice as aforesaid.

6.      A COPY of the Government Gazette, purporting to be printed

Govern,: rut Gazette by the Government Printer, and containing any such notice as

to be evidence. aforesaid, shall be received in all courts of justice and elsewhere

as evidence of the prohibited times within the district or part of the

Colony named in such notice.

7.      EVERY person who shall wilfully or negligently set fire to

Penalty for setting the bush within any district or part of the Colony, during the pro-

fire to the bush dur-•t

ing prohibited times. hibited times for that district or part, shall be liable on , conviction

thereof before any two or more Justices of the Peace, to a penalty not exceeding Fifty pounds. Provided that any lawful occupier

Proviso. of land may set fire to the bush on the land in his occupation if

he shall have previously given to all the occupiers of the lands next adjacent to his said land, not less than seven days before he shall set fire to the bush as aforesaid, a notice in writing that he intends to set fire to the bush on the land in his occupation on some day or days between the seventh day and the fourteenth day after giving the said notice as aforesaid, and if he shall also take all such precautions as shall prevent the fire from extending to any of the

490 VICTORLE, No. 9.

The Bush Fires Act, 1885.

lands adjacent, or from damaging the crops, grass, trees, houses, or

buildings on any of the lands adjacent.

THE said notice may be in the form in the Schedule to this required by this Act to be given to the adjoining occupiers; provided that notice shall be deemed to have been duly given under this Act if it shall have been either given or shown to the occupier of the adjacent land, or if it shall have been left at his usual place of abode; and provided further, that no notice as aforesaid shall be necessary in the case of lands which are unoccupied.

Act, or in any other form which shall clearly convey the information Service of Notice. 8.

9.      IF any occupier of land shall wilfully set fire to the bush on tenuity for setting

the lands in his occupation during any prohibited times without fireentobusoh without notice . to adjacen adjacent

having given notice to all the occupiers of adjacent land as afore-	said, he shall be liable, on conviction thereof before any two or occupiers.
more Justices of the Peace, to a penalty not exceeding Fifty pounds, although such fire shall not have extended to any of the adjacent lands and shall not have done any damage as aforesaid.

NO conviction, payment of penalty, endurance of punish-

ment, or proceeding taken under this Act shall take away or affect dies and proceedings.

any right of action or other remedy at Common Law or otherwise

which any person may have in respect of any loss or damage caused

by any such fire as aforesaid, nor interfere with the provisions of the

Act of the Imperial Parliament relating to malicious injuries to

property, adopted by " The Criminal Law Consolidation Ordinance,

1865."

Saving of other reme-

10.

THE sections in the Schedule of " The Shortening Ordin- ance, 180," lettered respectively A, C, F, and I, shall be incorporated

Incorporation of

certain sections of

with and taken to form part of this Act to all intents and purposes,

Shortening Ordin-ance.

and hi as full and ample a manner as if the said sections had been

introduced and fully set forth in this Act.

11.

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

to this Act.

F. NAPIER BROOME, Governor.

S CHEDULE.

490 VICTO11JLE, No. 9.

The Bush. Fires Act, 1885.

SCHEDULE.

Form of Notice.

TAKE notice that I intend to set fire to the bush on my land situate

at on some day or days between the day

of and the day of 188 .

Signed

To Mr. Date

of

By Authority: RICHARD PETICER, Government Printer, Perth.