Bush Fires Amendment Regulations 2009 (WA)
!200900220GG!
WESTERN 4831 AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041
| PERTH, TUESDAY, 1 DECEMBER 2009 No. 220 SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM
© STATE OF WESTERN AUSTRALIA
Bush Fires Act 1954
Bush Fires Amendment Regulations 2009
Made by the Governor in Executive Council.
1. Citation
These regulations are the Bush Fires Amendment
Regulations 2009.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day on which the Bush Fires Amendment Act 2009 section 7 comes into operation.
3. Regulations amended
These regulations amend the Bush Fires Regulations 1954.
4. Regulation 15B amended
In regulation 15B(7) delete “ “very high” or “extreme” ” and
insert:“catastrophic”, “extreme”, “severe” or “very high”
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5. Regulation 21B amended
In regulation 21B(1) delete “ “extreme”,” and insert:
“catastrophic” or “extreme”,
6. Part VA inserted
After Part IV insert:
Part VA — Prohibited activities in the open air
during total fire ban
24A. Prohibited activities in the open air during total
fire ban
(1) In this regulation — engine, vehicle, plant, equipment or machinery means
any engine, motor vehicle, plant, equipment or
machinery that is, or that is activated by, an internal
combustion engine;fire fighting vehicle means a motor vehicle that —
(a)
is capable of carrying at least 400 litres of water; and
(b)
is fitted with a pump and at least 15 m of hose with a minimum diameter of 19 mm and capable of delivering water through an adjustable nozzle;
road has the meaning given in the Road Traffic
Act 1974 section 5(1).
(2) Subject to subregulations (3) and (4), the use or
operation of any engine, vehicle, plant, equipment or
machinery on land on which there is bush or which is
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under crop or pasture or stubble is prescribed for the
purposes of section 22B(3)(c) of the Act.
(3) Subregulation (2) does not apply to the use or operation
of any engine, vehicle, plant, equipment or
machinery —(a) on a road; or
(b)
on a lane, driveway, yard or other area that provides access to, or a parking facility at, any residential, farming or business premises, if the area has been sufficiently cleared of inflammable material to prevent the escape of fire.
(4) Subregulation (2) does not apply to the use or operation
of any engine, vehicle, plant, equipment or machinery
if —
(a) the purpose of that use or operation is the prevention of an immediate and serious risk to the health or safety of a person or livestock; and (b) regulation 24B(2) is complied with in relation to that use or operation; and (c) without limiting paragraph (b), the conditions with.
(5) This subregulation applies to the conditions that —
(a) the internal combustion engine that is, or that activates, the engine, vehicle, plant, equipment or machinery being used or operated is mechanically sound and has an exhaust system that — (i) is clean, sound and free from gas leaks; and
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(ii) except in the case of a motor vehicle, is fitted with a suitable spark arrester that is maintained in a clean, sound and
efficient condition;
and
(b)
if the engine, vehicle, plant, equipment or machinery is capable of being driven, it is accompanied by a fire fighting vehicle when it is driven.
(6) Subregulation (5)(b) does not apply if —
(a)
serious risk to the health or safety of a person
or livestock, as mentioned in
subregulation (4)(a), it is not practicable to
delay the use or operation of the engine,because of the nature of the immediate and arrival of a fire fighting vehicle; or
(b)
the engine, vehicle, plant, equipment or machinery is itself a fire fighting vehicle.
24B. Prescribed activity to which section 22B(2) of Act
does not apply
(1) For the purposes of section 22B(4) of the Act, an
activity that is carried out for the purpose of preventing
an immediate and serious risk to the health or safety of
a person or livestock is prescribed.(2) Subregulation (1) applies to an activity only if all
reasonable precautions have been taken to prevent the
activity from creating a bush fire danger.
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7. Regulation 33 amended
In regulation 33(13) delete “ “very high” or “extreme”,” and
insert:“catastrophic”, “extreme”, “severe” or “very high”,
8. Regulation 39CA amended
In regulation 39CA(1) in paragraph (c) of the definition of prescribed period delete “ “extreme” or “very high”.” and insert:
“catastrophic”, “extreme”, “severe” or “very high”.
9. Regulation 45 inserted
After regulation 44 insert:
45. Extended meaning of conservation land in section 45(1)
(1) In this regulation — Executive Body means the Conservation and Land
Management Executive Body established by the
Conservation and Land Management Act 1984
section 36;unallocated Crown land has the meaning given in the
Land Administration Act 1997 section 3(1).(2) Land to which subregulation (3), (5) or (6) applies is
prescribed for the purposes of the definition of
conservation land in section 45(1) of the Act.
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(3)
This subregulation applies to land reserved under the Land Administration Act 1997 Part 4 the care, control and management of which are placed under that Act
with the Executive Body. (4) Subregulation (3) applies to Crown Reserve 32601 but
does not otherwise apply to land reserved under the
Land Administration Act 1997 Part 4 the care, control
and management of which are placed jointly under that
Act with the Executive Body and one or more other
persons.(5) This subregulation applies to —
(a)
land that is vested as described in the Conservation and Land Management Act 1984 section 131(1); and
(b)
land of which the Executive Body is the registered proprietor under the Transfer of Land Act 1893.
(6)
This subregulation applies to the areas of unallocated Crown land that are the subject of the descriptions in column 1 of the Table.
(7) The land referred to in subregulation (6) comprises the
whole or parts of former pastoral leases and, for
information purposes, column 2 of the Table refers to
the names of those former pastoral leases.Table
Unallocated Crown land Former pastoral lease Wells Location 3 and Earaheedy Hann Location 4
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Unallocated Crown land Former pastoral lease Jaurdi Location 65, Goongarrie Marmion Location 42 and
Ularring Location 14Jaurdi Locations 131 Jaurdi and 135 Ularring Location 43 on Mt Elvire Miscellaneous Plan 19730 Hann Location 8 and Lorna Glen Nabberu Location 27 Bulga Locations 32 Part Bulga Downs and 28 Bulga Location 29 Part Cashmere Downs Ularring Location 12 and Credo Jaurdi Location 61 Lot 345 on Deposited Part Mt Jackson Plan 52029 Easton Location 7 Charnley River Lot 128 on Deposited Part Texas Downs Plan 39947 Lots 129 and 130 on Part Mabel Downs Deposited Plan 39947 Erivilla Location 36, Mooloogool Thadoona Location 11
and Kyarra Location 143
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Unallocated Crown land Former pastoral lease Murchison Location 214 Muggon Gascoyne Location 439 Pimbee and Murchison
Location 245Warramboo Location 118 Burnerbinmah and Ninghan
Location 4257Lyons Location 40 and Waldburg Teano Location 25 Kaluwiri Location 74 Lake Mason Kaluwiri Location 71 Black Range Ninghan Location 4266 Lochada and Victoria Locations
11819 and 11821Victoria Location 12347 Part Barnong Lyons Location 60 Part Mt Phillip Lyons Location 58 Part Dalgety Downs Gascoyne Location 510 Part Mardathuna Gascoyne Location 507 Part Middalya Gascoyne Location 509 Part Lyons River Gascoyne Location 511 Part Bidgemia
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Unallocated Crown land Former pastoral lease Gascoyne Location 508 Part Williambury Gascoyne Location 512 Part Jimba Jimba Lyons Location 38 Cobra Gascoyne Location 427 Mooka Edel Location 73 Nanga Murchison Location 325 Part Yaringa Gascoyne Location 572 Part Minnie Creek on Deposited Plan 26040 Erivilla Location 40 and Doolgunna Thadoona Location 9 Gascoyne Location 575 Part Boologoroo on Deposited Plan 28548 Victoria Locations 12627 Part Yuin and 12628 on Deposited
Plan 28860Victoria Locations 12629 Part Twin Peaks and 12630 on Deposited
Plan 28859Victoria Location 11806 Narloo
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Unallocated Crown land Former pastoral lease Ninghan Locations 4278, Karara 4290, 4291, 3539,
3521-3534 and 3615-3617
and portion of each of
Ninghan Locations 3618,
3619, 3535-3538
and 3540Murchison Location 334 Part Woolleen on Deposited Plan 30446 Victoria Location 11825 Kadji Kadji Lot 37 on Deposited Part Wanna Plan 36256 Kaluwiri Location 60 on Part Kaluwiri Deposited Plan 238007 Ninghan Location 4261 Warriedar Lots 3035 and 3037 on Part Murchison House Deposited Plan 45068 Lots 3031 and 3033 on Part Murchison House Deposited Plan 45067 Lot 366 on Deposited Part Tamala Plan 48624 Murchison Location 232 Woolgorong and Victoria
Location 11810
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Unallocated Crown land Former pastoral lease Lot 368 on Deposited Part Nerren Nerren Plan 52033 Ninghan Location 4262 Thundelarra Lot 11816 on Deposited Barnong Plan 220201, Lot 1385 on
Deposited Plan 253009,
Lot 836 on Deposited
Plan 246558, Lot 1098 on
Deposited Plan 246609
and Lot 1097 on
Deposited Plan 246608Lot 3070 on Deposited Part Carrarang Plan 51351 and Lot 3080 on Deposited Plan 51350
Lots 123 and 135 on Lakeside Deposited Plan 221127 Ashburton Location 150 Mount Minnie De Grey Location 30 Meentheena Ashburton Location 217 Part Nanutarra Wyndell Location 207 Part Mt Florence and Gregory Location 118 Lyndon Location 167 Giralia
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Unallocated Crown land Former pastoral lease Lots 388 and 389 on Part Mardie Deposited Plan 61845 and
Lot 390 on Deposited
Plan 40454
10. Appendix amended
In the Appendix Form 9 under the heading “EXTRACTS FROM
REGULATIONS” in extracted regulation 33(13) delete “ “very high” or “extreme”,” and insert:
“catastrophic”, “extreme”, “severe” or “very high”,
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
BY AUTHORITY: JOHN A. STRIJK, GOVERNMENT PRINTER
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