Bush Fires Act Amendment Act 1963 (WA)

1963.1

Bush Fires.

[No. 11.

BUSH FIRES.

12° Elizabeth II., No. XI.

No. 11 of 1963.

AN ACT to amend the Bush Fires Act, 1954-1958.

[Assented to 22nd October, 1963.]

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:—

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

Act Amendment Act, 1963.

(2) In this Act the Bush Fires Act, 1954-1958, is The""

Reprinted

referred to as the principal Act.	Acta,
approved for
reprint

(3) The principal Act as amended by this Act 3rd July.

may be cited as the Bush Fires Act, 1954-1963.

No. 11.]

Bush Fires.

[1963:

Commence-

ment.

This Act shall come into operation on a day

to be fixed by proclamation.

S. 7

amended.

3. Section seven of the principal Act is

amended

(a)	by adding immediately after the inter- pretation, "forest land", the following interpretation

"forest officer" means a forest officer appointed under the Forests Act, 1918; ;

(b)	by substituting for the interpretation, "local authority", the following interpreta- tion

"local authority" means the council of a municipality constituted under the Local Government Act, 1960; .

S. 8

amended.

4. Section eight of the principal Act is

amended

(a)	by substituting for the word, "ten" in line one of subsection (2), the word, "thirteen";
(b)	by substituting for the word, "five" in line one of paragraph (b) of subsection (3), the word, "six";
(c)	by substituting for the passage, "known as the Road Board Association of Western Australia (Inc.)" in lines four and five of paragraph (b) of subsection (3), the passage, "formerly known as the Road Board Association of Western Australia (Inc.) but now known as the Country Shire Councils' Association of W.A.";
(d)	by deleting the word, "and", being the last word in paragraph (e) of subsection (3);
(e)	by substituting for the full stop after the word, "Association", being the last word in paragraph (f) of subsection (3), a semi- colon;

1963.]

Bush Fires.

[No. 11.

(f) by adding after paragraph (f) of subsection (3) the following paragraphs

(g)	a person nominated by the Commis- sioner of Police; and
(h)	a person nominated by the body known as the Associated Sawmillers and Timber Merchants. ; and

by substituting for the word, "five" in line

(g)	five of subsection (5), the word, "six".

S. 14

5. Section fourteen of the principal Act is

amended.

amended

(a)	by substituting for the words, "and a bush fire warden appointed in accordance with the provisions of this Act" in lines three and four, the passage, ", a bush fire warden and a bush fire control officer, appointed in accordance with the provisions of this Act, and, subject to the proviso to this section, a member of the police force"; and
(b)	by adding at the end of the section the following proviso

Provided that a member of the police force is not empowered under this section to enter any land or building for any purpose other than those specified in paragraphs (a), (b) and (e) of this section.

S. 17

6. Section seventeen of the principal Act is

amended.

amended

(a)	by substituting for the full stop after the word, "section", being the last word in paragraph (b) of subsection (4), a semi- colon;
(b)	by adding after paragraph (b) of subsec- tion (4), the following paragraph

(c)	reimpose any prohibited burning time terminated pursuant to para- graph (b) of this subsection for such

No. 11.]

Bush Fires.

[1963.

period as the Minister thinks neces- sary but not beyond the last day of the prohibited burning time as declared under subsection (1) of this section. ;

(c)	by substituting for the full stop after the word, "it", being the last word in para- graph (b) of subsection (5), a semi-colon; and
(d)	by adding after paragraph (b) of subsec- tion (5), the following paragraph

reimpose any prohibited burning

(c)

time in respect of the district of the local authority or any part of it for any period the local authority considers necessary, after the expira- tion of the prohibited burning time declared under subsection (1) of this section, or during any period of postponement under paragraph (b) of this subsection, in respect of that district or part, but so that any prohibited burning time so reimposed does not extend beyond the period of fourteen days referred to in that paragraph.

S. 18

amended.

7. Section eighteen of the principal Act is

amended

(a)	by substituting for the words, "Perth Weather Bureau" in line four of subpara- graph (i) of paragraph (g) of subsection (2), the words, "Bureau of Meteorology in Perth";
(b)	by substituting for the words, "the Perth Weather Bureau" in lines thirteen and fourteen of subparagraph (i) of paragraph (g) of subsection (2), the words, "that Bureau of Meteorology":

1963.]

Bush Fires.

[No. 11.

(a) Subject to the regulations a local authority-

(i) shall, in respect of the burning of the bush on any land for the purpose of developing or clearing that land; and

(ii) may, in respect of the burning of the bush on any land for any other purpose,

by resolution declare that within its district bush may be burnt only on such dates and by such persons as are prescribed by a schedule of burning times adopted by the local authority.

(b) A person desiring to set fire to bush within the district of the local authority which has so resolved, shall-

(i) not later than the first day of September in any year, if he desires to burn the bush on any land for the purpose of develop- ing or clearing that land; or

(ii) prior to the conclusion of the prohibited burning times for the district of that local authority, or by such date as may be determined by it, if he desires to burn the bush on any land for any other purpose,

apply to the local authority for permis- sion to set fire to the bush, and the local authority shall allocate a day or days on which the burning may take place. ;

(d)	by adding immediately after paragraph (b) of subsection (4) the following para- graph:—

paragraph (b) of this subsection, appli-

cation for permission to set fire to the

No. 11.1

Bush Fires.

[1963.

bush on any land for the purpose of developing or clearing that land may be made to the local authority after the first day of September, and in such case the local authority may at its discretion grant the permission subject to the applicant being required to comply with such additional protective requirements and directions as the local authority considers necessary and imposes relative to the burning. ;

(e)	by substituting for the paragraph designa- tion "(c)" in line one of paragraph (c) of subsection (4), the paragraph designation, "(d)";
(f)	by inserting after the word, "section" in line four of paragraph (c) of subsection (4), the passage, "and any additional protective requirements and directions mentioned in paragraph (c) of this subsection";
(g)	by adding after subsection (4) the follow- ing subsection:

(4a) Where a person starts a fire on land, if the fire escapes from the land or if the fire is in the opinion of a bush fire control officer or an officer of a bush fire brigade out of control on the land, the person shall be liable to pay to the local authority on the request of and for recoup to its bush fire brigade, any expenses up to a maximum amount of fifty pounds incurred by it in preventing the extension of or extinguishing the fire, and such expenses may be recovered in any court of competent jurisdiction. ; and

(h)	by inserting after the word, "section" in line one of subsection (5), the passage, "other than subsection (4a)".

19634

Bush Fires.

[No. 11.

8. Section twenty-one of the principal Act is

amanded.

.22-

amended by adding at the end of paragraph (a) of

subsection (2) the following passage

Penalty: A fine of not less than ten pounds or more than two hundred pounds, or to imprison- ment for a term of six months, or to both the fine and imprisonment.

S. 22

9. Section twenty-two of the principal Act

is amended

amended

(a)	by substituting for the words, "protecting his pasture or crop from damage by fire" in lines six and seven of subsection (2), the words, "reducing or abating a fire hazard";
(b)	by inserting after the word, "bush" in line one of subsection (3), the word, "on"; and
(c)	by substituting for the word, "subsection" in the last line of subsection (4), the word, "section".

10. Section twenty-four A of the principal Act is 346

amended.

ended.

amended by substituting for the word, "conducting"

in line three of subsection (2), the word, "con-

ducing".

11. The principal Act is amended by adding im- Lari.

mediately after section twenty-four A the following

section-

24B. (1) An officer of the Board authorised by laopdeuetign

the Board so to do, a bush fire warden, a bush to bnm

fire control officer, an officer of a bush fire bri- required.

gade, a member of the police force, or an officer of a local authority authorised by it so to do, may require a person who has set fire to the bush, or to clover, on any land during the pro- hibited burning times or restricted burning times to produce the permit to burn issued to that person under the provisions of this Act in respect of the fire so lit by him.

No. 11.]

Bush Fires.

[1963.

(2) A person who when so required under the provisions of subsection (1) of this section fails or refuses to produce a permit to burn issued to him is guilty of an offence.

Penalty: Fifty pounds.

S.25

emended.

12. Section twenty-five of the principal Act is amended

(a)

by adding after the word, "material", being the last word in paragraph (a) of subsection (1), the passage, ", and when for any day the fire hazard forecast by the Bureau of Meteorology in Perth in respect of the locality wherein it is desired to light or use a fire for such purpose is 'dangerous', such fire shall not be lit on that day unless and until the approval in writing of the local authority for that locality has been ob- tained so to do";

(b)

by inserting after the word, "charcoal" in line two of paragraph (b) of subsection (1), the passage, ", or in or about a lime kiln for the production of lime,";

(iii) the fire shall not be lit except between the hours of six o'clock in the evening and eleven o'clock of the same day;

(iv) the fire shall not be lit unless and until notice of intention so to do has been given to the occupier of all land adjoining the land on which the burning is to take place; ;

(d)	by adding after the word "material" in the last line of subparagraph (i) of paragraph (d) of subsection (1), the words, "and situated not less than six feet from any building or fence and from which all in- flammable material is cleared and kept cleared for a distance of at least six feet";

1963.

Bush Fires.

[No. 11.

(e)	by adding at the end of paragraph (d) of subsection (1) a proviso as follows

Provided that, notwithstanding the provisions of subparagraph (i) of this paragraph, a local authority may, upon being satisfied that no fire hazard is likely to occur, give permission in writing for an incinerator to be situated at a lesser distance than six feet from any building or fence, subject to compliance with the other requirements of that subpara- graph. ;

(f)	by substituting for the full stop after the word, "purpose", being the last word in paragraph (g) of subsection (1), a semi- colon; and
(g)	by adding after paragraph (g) of subsec- tion (1) a paragraph as follows

(h)

where the occupier of a brick kiln uses a fire on the premises of the brick kiln for the purpose of burning and producing bricks, such occupier is not required to extinguish the fire while it continues to be required for that purpose, if he takes or causes to be taken reasonable precautions to prevent the fire from spreading or becoming a source of danger to per- sons or property and observes or causes to be observed properly the particular directions or requisitions of a bush fire control officer, bush fire warden or forest officer in respect of the fire.

13. Section twenty-seven of the principal Act is	S.27
amended.

amended by repealing and re-enacting subsection

(2) with amendments as follows:

(2) A local authority may at any time permit

the use in orchards within its district of tractors

the exhaust pipes of which are not vertical, and

No. 11.]

Bush Fires.

[1963.

in any district where permission is so given, a person may operate in an orchard during the times mentioned in subsection (1) of this section a tractor the exhaust pipe of which is not vertical, so long as the person while operat- ing that tractor complies with the other requirements specified in respect of a tractor in paragraph (a) of that subsection.

s.28

amended.

14. Section twenty-eight of the principal Act is amended by substituting for subparagraphs (i), (ii) and (iii) of paragraph (a) of subsection (1) the following-

(i) at any time in any year during the restricted burning times; or

(ii) during the prohibited burning times,

and the bush fire is not part of the burning opera- tions being carried on upon the land in accordance with the provisions of this Act.

S.33

amended.	15. Section thirty-three of the principal Act is amended by inserting immediately after the passage, "time to time," in line two of subsection (1), the passage, "may,".
S.34
amended.	16. Section thirty-four of the principal Act is amended by substituting for paragraph (a) of subsection (1) the following paragraph:

(a) The owner or occupier of land that abuts upon Crown land (other than land set apart for roads or land comprised in closed roads), a reserve or other land that is unoccupied by abandonment except forest land, may enter upon that Crown land, reserve or other land for the purpose of clearing or clearing and plough- ing firebreaks not more than ten feet in width situated not more than ten chains distant from the boundary of that Crown land, reserve or other land, and may burn the bush between those firebreaks and the boundary of the land of the owner or occupier if the burning is not

1963.]

Bush Fires.

[No. 11.

contrary to the provisions of sections sixteen and seventeen of this Act and is carried out in accordance with the provisions of section eighteen of this Act.

17. Section thirty-six of the principal Act is '7215

amended

(a)	by deleting the subsection designation, "(1)" in line one; and
(b)	by adding after paragraph (e) a paragraph as follows:

(ea) In or towards recompensing the owner or hirer of a vehicle utilised in controlling and extinguishing a bush fire or a fire in a building as provided in this Act, or in the attempting so to do, in respect of damage to a tyre or the tyres of that vehicle while actually being so utilised, the amount payable in respect of such damage not to exceed such amount as may be assessed by an officer of the local authority authorised by it in that behalf; .

5.38

18. Section thirty-eight of the principal Act is

amended.

amended

(a)	by substituting for subsection (1) the following subsection:

(1) A local authority may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act, and of those officers shall appoint two as the Chief Bush Fire Control Offi- cer and the Deputy Chief Bush Fire Control Officer who shall be first and second in seniority of those officers, and subject thereto may determine the re- spective seniority of the other bush fire control officers appointed by it ;

No. 11.]

Bush Fires.

[1963.

(b)	by adding after paragraph (b) of subsec- tion (2) the following paragraphs:

The local authority shall fill any vacancy occurring in the office of Chief Bush Fire Control Officer or Deputy Chief Bush Fire Control Officer within one month after the vacancy occurs and if the local authority fails or neglects to do so within that time, the Board may by notice in writing require the local auth- ority to appoint a person to the vacant office within one month after service on it of such notice.

(c)

Where a local authority that has been served with a notice pursuant to paragraph (c) of this subsection fails or neglects to comply with the requirements of that notice, the Board may appoint a person to the vacant office. ; and

(d)

(c)	by substituting for the words, "Perth Weather Bureau" in line eight of para- graph (h) of subsection (6), the words, "Bureau of Meteorology in Perth".

5. 39

19.

Section thirty-nine of the principal Act is amended by deleting the words, "appointed under that Act" in line three of paragraph (a) of subsec- tion (2).

amended.

S. 45

amended.	20. Section forty-five of the principal Act is amended by deleting the words, "appointed under that Act" in line three of paragraph (a).
S. 46
amended.	21. Section forty-six of the principal Act is amended by inserting after the word, "If" in line one of subsection (3), the words, "as a result of".
S 54
amended.	22. Section fifty-four of the principal Act is amended by substituting for the words, "bush fire brigade of a local authority is not at any time" in lines one and two, the words, "organisation for the prevention or control of fire in the district of a local authority is at any time not".

1963.1

Bush Fires.

[No. 11.

S. 56

23. Section fifty-six of the principal Act is amended by deleting the passage, "appointed under the Forests Act, 1918-1931" in lines four and five of paragraph (a) of subsection (1).

amended.

24. Section fifty-seven of the principal Act is	5.57
amended.

amended by deleting the passage, "appointed under

the Forests Act, 1918-1931" in lines four and five.

25. Section fifty-nine of the principal Act is 5.59

amended.

amended by substituting for the passage, "subsec- tion (4)" in line two of subsection (5), the passage, "subsection (3)".

26. Section sixty-three of the principal Act is 2inSe7nded.

amended by substituting for the words, "a local authority" in line nine of paragraph (a) of subsec- tion (1), the passage, "the Board, or upon the local authority or the bush fire brigade or any of the persons mentioned in this paragraph".

27. Section sixty-five of the principal Act is Amended.

amended

(a)	by deleting the words, "instituted by or under the direction of the Board" in lines two and three of subsection (1);
(b)	by inserting after the word, "declaration" in line two of paragraph (a) of subsection (2), the passage, ", notice of appointment of a bush fire control officer";
(c)	by inserting after the word, "declaration" in line fourteen of subsection (2), the passage, ", appointment of the bush fire control officer";
(d)	by adding after subsection (2) a subsection as f ollows:—

(3) The production of a certificate

purporting to have been issued by the

Bureau of Meteorology in Perth and

No. 11.]

Bush Fires.

[1963.

signed by the Deputy Director or other officer of that Bureau as to the fire hazard rating issued by the Bureau in respect of any day is evidence until the contrary is proved of the fire hazard rating so issued in respect of that day.

Se. 66 and 67

added.

28. The principal Act is amended by adding after

section sixty-five the following sections:-

Proof of

ownership	66. (1) In a prosecution or legal proceedings
Or

occupancy.

under this Act, in addition to other methods of

proof available

(a)	the production of the rate book of a municipality, or of a copy or extract purporting to be certified by the mayor or president or clerk of the council of that municipality as a copy or extract of the rate book, showing that a person is rated as the owner or occupier of land;
(b)	the production of a document purport- ing to be-

(i) a certificate signed by the Regis- trar of Deeds or his substitute or an Assistant Registrar of Deeds that a person appears from a memorial of registration of a deed, conveyance or other instrument to be the owner of land;

(ii) a certificate signed by the Regis- trar of Titles or an Assistant Registrar that a person's name appears in the Register Book kept under the Transfer of Land Act, 1893, as that of the owner of land; or

(iii) a certificate signed by the Under Secretary for Lands, the Under Secretary for Mines, or the Con- servator of Forests, that a person is registered in the Department

1963.j

Bush Fires.

[No. 11.

of Lands and Surveys, the De- partment of Mines, or the For- ests Department, as the case may be, as the lessee or occupier of land or the holder of a timber lease, concession or permit,

is, until the contrary is proved, evidence that the person is the owner, lessee or occupier, as the case may be, of the land.

All courts, judges and persons acting judicially shall for the purposes of this Act take judicial notice of the signature to a certificate mentioned in subsection (1) of this section.

(2)

(3) The averment in a claim, complaint or other document in a prosecution or legal pro- ceedings instituted for the purposes of this Act that a person is or was at the stated time the owner or occupier of land, is to be presumed as proved in the absence of proof to the contrary.

67. (1) A local authority may at any time giviirrigem

with the approval of the Board appoint persons who are bush fire control officers or members of bush fire brigades as a bush fire advisory committee for the purpose of advising the local authority regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire- breaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

(2) A committee appointed under this section shall consist of not more than twelve nor less than six members, and shall include a member of the council of the local authority nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be chairman thereof.

No. 11.]

Bush Fires.

[1963.

(3) In respect to a committee so appointed, the local authority shall fix the quorum for the transaction of business at meetings of the committee and may

(a)	make rules for the guidance of the committee;
(b)	accept the resignation in writing of, or remove, any member of the committee and appoint to take his place on the committee another person who is a bush fire control officer or a member of a bush fire brigade; and
(c)	where any vacancy occurs on the committee appoint to fill such vacancy a person who is a bush fire control officer or a member of a bush fire brigade.

(4) A committee appointed under this

section

(a)	may from time to time meet and adjourn as the committee thinks fit;
(b)	shall not transact business at a meeting unless the quorum fixed by the local authority is present;
(c)	is answerable to the local authority and shall, as and when required by the local authority, report fully on its activities.