Bush Fires Act Amendment Act 1958 (WA)

No. 20.] Bush Fires. [19511.

BUSH FIRES.

7° Elizabeth II., No. XX.

No. 20 of 1958.

AN ACT to amend the Bush Fires Act, 1954-1957.

[Assented to 22nd October, 1958.],

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation 1. (1) This Act may be cited as the Bush Fires

Act Amendment Act, 1958.

(2) In this Act, the Bush Fires Act, 1954-1957,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Bush Fires Act, 1954-1958.

1958.] Bush Fires. [No. 20.

8.38

2. Section thirty-eight of the principal Act is amended.

amended by adding the following subsection

(6) (a) In this section,

"approved local authority" means a local authority approved under paragraph (b) of this subsection by the Board.

(b) If it appears to the Board that the standard of efficiency of a local authority in fire prevention and control justifies the Board doing so, the Board, by notice published once

in the Gazette,

(i)    may approve the local authority as one to which this subsection applies; and

(ii)   may from time to time cancel any previous approval given under this paragraph.

(c) An approved local authority may appoint a senior bush fire control officer to the office of fire weather officer, and a person to act as deputy in that office while it is vacant or while the occupant is absent or unable to act in the discharge of the duties of the office, but only if the appointment of the persons has been submitted to and approved by the Board.

(d) The appointment shall be for the term of one year from the first day of October in each year and an appointee is eligible for re-appoint- ment on the expiration of his term of office.

(e) An approved local authority may appoint a committee for the purpose of advising and assisting a fire weather officer or his deputy appointed under this subsection.

(f) Where a committee is appointed a fire weather officer, or, as the case may be, his

deputy, may exercise the authority conferred

No. 20.] Bush Fires. [1958.

on him by paragraph (h) of this subsection, notwithstanding the advice and assistance tendered to him by the committee.

(g)

The provisions of this subsection are not

in derogation of those of any other subsection

of this section.

(h)

A fire weather officer of an approved local authority, or his deputy while acting in his place, may authorise a person who has received a permit under paragraph (c) of subsection (2) of section eighteen of this Act, to burn the bush in the district of the local authority notwithstanding that for any day specified in the notice the fire hazard forecast issued by the Perth Weather Bureau, in respect to the locality where the bush proposed to be burnt is situated, is "dangerous," and upon the authority being given the person, if he has otherwise complied with the conditions pre- scribed by section eighteen of this Act, may burn the bush.

(i)

This subsection does not authorise the burning of bush during the prohibited burning times or within the defined area during a bush fire emergency period.