Bush Fires Act Amendment Act 1925 (WA)

No. 27.] Bush Fires. [1925.

BUSH FIRES.

16° GEO. V., No. XXVII.

No. 27 of 1925.

AN ACT to further amend the Bush Fires Act, 1902.

[Assented to 16th December, 1925.]

Council and Legislative Assembly of Western Australia, in

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

Short title. 1. This Act may be cited as the Bush Fires Act Amend-

ment Act, 1925, and shall be read as one with the Bush

Fires Act, 1902, hereinafter referred to as the principal Act.

Amendment of

section 2. 2.

The following words are hereby added to section two of the principal Act, namely, " and shall be adminis- tered by the Minister for Lands, hereinafter referred to as ' the Minister.' "

Amendment of	3.	A proviso is hereby added to section six of the
section 6.

principal Act as follows :-

Provided that, subject to section seven, it shall be lawful during such prohibited times for any owner or occupier of land to burn off the bush between two plough breaks or spade breaks, between the hours of eight o'clock in the evening and twelve o'clock midnight, for the purpose only of protecting any dwelling-house or other building or stack of hay, wheat, or other produce within ten chains of a dwelling-house or other building.

Provided also that the outer break shall not be distant

more than ten chains from the property to be protected.

Amendment of

section 16. 4. Section sixteen of the principal Act is amended by

substituting the word " Minister " for the words " Colonial

Treasurer."

1925.] Bush Fires. [No. 27.

5. A section is inserted in the principal Act as fol. rim protected areas.

lows:

IA. (1.) The Governor may, by a notice published

in the Gazette, declare any defined portion of the

State to be a fire protected area.

(2.) Within any such area it shall be unlawful for any person to set fire to the bush on any land, or at any time, without the permission of the Minister, or an officer acting with his authority.

Penalty : Fifty pounds.

Provided that such permission shall be granted subject only to the compliance by the applicant with such conditions as may be prescribed by regulations under this Act to restrict the fire to the land on which the burning off is carried out.

(3.) Section five of this Act shall not apply to a fire

protected area, but section seven shall apply.

(4.) Notwithstanding that permission is granted as aforesaid, nothing in this section shall be deemed to relieve any person from liability for any actionable damage sustained by any other person in consequence of the burning-off opera- tions.

6.    A section is inserted in the principal Act as fob Regulations.

lows :-

16A. The Governor may make regulations for the

purposes of this Act, and may prescribe a penalty not

exceeding twenty pounds for any breach thereof.

7.    (1.) Section two of the Bush Fires Amendment Act, 9Aereateionadorftwoof 36

1904, is hereby amended by inserting after the words of

" railway reserve " the words " or any land under the

control of the Conservator of Forests."

(2.) In reprinting the principal Act under the pro- visions of the Amendments Incorporation Act, 1923, section two of the Bush Fires Amendment Act, 1904, shall be inserted as a subsection of section five of the principal Act, and the words " under this section " shall be sub- stituted for the words " under section five of the principal Act."