Bush Fires Act Amendment Act 1942 (WA)

BUSH FIRES.

6° GEO. VI., No. XVI.

No. 16 of 1942.

AN ACT to amend the Bush Fires Aet, 1937-1940.

[Assented to 9th December, 1942.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in 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 Amendment Act, 1942, and shall be read as one with the Bush Fires Act, 1937-1940 (No. 55 of 1937 as amended by the Act No. 53 of 1940 and reprinted pursuant to the Amendments Incorporation Act, 1938), hereinafter re- ferred to as the principal Act.

Amendment

of s. 9. 2.

Section nine of the principal Act is amended as fol- (a) by deleting from subsection (3) thereof the word "six" in line five of the said subsection and inserting in lieu thereof the word "eight ;" lows:

1942.] Bush Fires. [No. 16.

(b) by inserting after subsection (3) a new subsection

as follows :—

(3a) The Minister may by notice published in the

Government Gazette at any time after the

declaration of the prohibited times for any year under subsection (1) hereof and before the commencing date of such prohibited times, postpone until a later date the commencing date of such prohibited times in any district or part of the State, whenever he considers that seasonal conditions warrant such post- ponement.

3. Section ten of the principal Act is amended by Amendment of s.

deleting from subsection (2) thereof the whole of para- graph (b) and inserting in lieu thereof a new paragraph as follows :—

(b) during the prohibited times in any yearly period prior to the fifteenth day of December in such yearly period when the prohibited times com- mence before that date, and during the first fourteen days of the prohibited times in any yearly period when the said prohibited times commence on or after the fifteenth day of December in such yearly period, and between sunrise and midnight on the same day, and with the approval in writing of the local authority in whose district the burning is to take place-

(i)

to burn the bush on any road reserve

between the road formation and an established

firebreak; and

to burn the bush on any grass land of one chain in width on the land of such owner or occupier between two fire breaks each not less than six feet wide

(ii)

for the purpose of protecting from damage

by fire his pasture or crop.

4. Section sixteen of the principal Act is amended as Amendment of o. 16.

follows:—

(a) by deleting from subsection (1) the whole of

paragraph (b);

No. 16.] Bush Fires. [1942.

(b) by deleting from paragraph (c) of subsection (1) the word "or" in line seven of the said paragraph and inserting in lieu thereof the word "and."

Section seventeen of the principal Act is amended by adding at the end of subparagraph (iv) of paragraph (d) of subsection (1) the words "or between such other hours as may be prescribed by the regulations."

Amendment

of s. 17. 5.

New section. 6.

A section is inserted in the principal Act after section seventeen as follows :—

Burning of

plants to pre-	17A. (1) When in the opinion of the Minister it is desirable that any plant, or the refuse thereof, should be burnt during the prohibited times in order to prevent or eradicate disease arising or likely to arise from such plant, or the refuse thereof, the Governor may, on the recommendation of the Minis- ter, by proclamation
vent disease.

(a) authorise the burning of any plant, to be specified in the proclamation, and the refuse thereof, during the prohibited times or dur- ing any period of the prohibited times, to be stated in the proclamation; and

(b) declare that such proclamation shall take effect either generally or only in particular road districts which are specified in the proclamation.

(2) Any proclamation issued under subsection (1)

of this section may be revoked, amended, or varied

at any time by a subsequent proclamation.

(3) When a proclamation authorises the burning of a plant, or the refuse thereof, the burning so authorised shall be carried out subject to and in accordance with the regulations.

(4) If any person who pursuant to a proclamation issued under this section carries out the burning of a plant, or the refuse thereof, but fails in any respect to carry out such burning in accordance with the regulations, he shall be guilty of an offence against this Act :

Penalty—Twenty Pounds.

1942. ] Bush Fires. [No. 16.

7.    Section twenty-one of the principal Act is amended tresnart

by inserting therein, after paragraph (e), a new para-

graph, as follows:—

(e1) In assisting the occupier of any farm lands within its district to acquire appliances, equip- ment, and apparatus for the prevention, con- trol, and extinguishment of bush fires upon or threatening his said land, including the sale, loan, or exchange to such occupier of appliances, equipment, and apparatus belong- ing to the local authority.

8.    Section thirty-nine of the principal Act is amended Amendment

by inserting in subsection (2) thereof after the word °` 39.

"Every" where it first appears at the beginning of line

one of the said subsection the words, "person authorised

in that behalf by the Minister may, by virtue of such

authority, and every."

9. The principal Act as amended by this Act may be Citation of principal Act

cited as the Bush Fires Act, 1937-1942. as amended.