Bush Fires Amendment Regulations 2021 (WA)

29 January 2021 GOVERNMENT GAZETTE, WA 427

FIRE AND EMERGENCY SERVICES

FE301

Bush Fires Act 1954

Bush Fires Amendment Regulations 2021

(b) the rest of the regulations — on the day after that day.

SL 2021/10

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Bush Fires Amendment

Regulations 2021.

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;

428 GOVERNMENT GAZETTE, WA 29 January 2021

3.            Regulations amended

These regulations amend the Bush Fires Regulations 1954.

4.            Regulation 24AA amended

(1)	In regulation 24AA delete the definitions of:
approved fire extinguisher fireworks activity fireworks site road urgent works
(2)	In regulation 24AA insert in alphabetical order:

approvedfire extinguisher, for an activity, means a

device used to extinguish fires that -

(a)	is suitable to extinguish a fire likely to occur in relation to the activity; and
(b)	has a capacity of at least 9 kg or 9 L; and
(c)	complies with the Australian Standards that -

(i)     relate to devices that are designed to extinguish a fire likely to occur in relation to the activity; and

(ii) Bush Fires Amendment

are in force on the day on which the into operation;

private road means -

(a)	a road or track that is not open to, or used by, the public; or
(b)	a driveway;
rail grinding means hot work involving the grinding of

tracks for railways for the purpose of constructing,
maintaining or repairing the tracks;

road -

(a) means -

(i)     a road as defined in the Road Traffic (Administration) Act 2008 section 4; or

('ii) a private road;

but

(b) does not include any part of a reservation, median strip or traffic island on which there is bush;

29 January 2021 GOVERNMENT GAZETTE, WA 429

suitable spark arrester, in relation to an exhaust
system for an engine, equipment or other thing, means

a device fitted to the engine, equipment or thing that -

(a)	prevents sparks from escaping from all or part of the engine, equipment or thing; and
(b)	AS 10 19-2000 Internal Combustion

complies with Australian Standard force on the day on which the Bush Fires Amendment Regulations 2021 regulation 4(2) comes into operation; and

(c) is maintained in a clean, sound and efficient condition;

urgent works, in relation to the provision of an essential service, means repairs or maintenance necessary for the continued provision, or restoration, of

the service;

(3) In regulation 24AA in the definition of essential service after
paragraph (a) insert:

(aa) rubbish collection or disposal services;

4) In regulation 24AA in the definition offire danger forecast
delete "fireworks site,".

5.           Regulation 24A amended

(1) In regulation 24A(3):

(a)	delete paragraph (a) and insert:
(a) on a road that is not a private road; or

(b) in paragraph (b) delete "driveway," and insert:

private road,

(2)	In regulation 24A(5)(b) delete "a suitable spark arrester that is maintained in a clean, sound and efficient condition." and insert:
a suitable spark arrester for the engine.

430 GOVERNMENT GAZETTE, WA 29 January 2021

6. Regulation 24DA inserted
At the end of Part VA Division 3 insert:

24DA. Certain activities authorised by the Fire and Emergency Services Act 1998 excepted from s. 22B(2) of Act

(1)	In this regulation, each of the following terms has the meaning given in the Fire and Emergency Services Act 1998 section 3—
assistance operation incident rescue operation search and rescue operation
(2)	An activity is an activity for the purposes of section 22B(4) of the Act if—

(a) the activity is hot work (other than rail
grinding) or off-road activity that in either case
is carried out to -

(i)     protect and save life and property endangered by incidents; or

(ii)     render safe the sites of incidents; or

(iii)

carry out rescue operations, search and operations;

and

(b) the person carrying out the activity -

(i)

is a police officer; or under section 12(2) of the Act; or

(iii) is an authorised person as defined in

section 14B(1) of the Act; or

(iv) management officer as defined in the
Emergency Management Act 2005
section 3; or
carries it out because of a direction from
a person mentioned in subparagraph (ii)
to (iv); or
is operational staff engaged under the
Fire and Emergency Services Act 1998
section 20(2); or is an authorised officer or hazard defined in the Fire and Emergency Services Act 1998 section 36ZM;

29 January 2021 GOVERNMENT GAZETTE, WA 431

(c) the person carrying out the activity has taken all
reasonable precautions to prevent the activity
from creating a bush fire danger.

7. Regulation 24E replaced
Delete regulation 24E and insert:

24E.	Certain hot work excepted from s. 22B(2) of Act
Hot work is an activity for the purposes of section 2213(4) of the Act if the hot work -

(a)	is not rail grinding; and
(b)	is carried out -

(i)      in the course of trade or commerce; or

(ii)     by, or on behalf of, a public authority;

and

(c) is carried out in accordance with the
requirements set out in regulations 24F to 24J.

8.            Regulation 24F amended

In regulation 24F(2) delete "on infrastructure used in the provision" and insert:

in relation to the provision or restoration

9.            Regulation 24H amended

Delete regulation 24H(1) and (2) and insert:

(1) Fire-resistant barriers of a height sufficient to prevent
the escape of hot particles or sparks must be placed
around the hot work.

10.          Regulation 241 amended

In regulation 241(1) after "extinguishers" insert:

for hot work

11.          Regulation 24J amended

In regulation 24J(2)(a) delete "extinguishers; and" and insert:

extinguishers for hot work; and

432 GOVERNMENT GAZETTE, WA 29 January 2021

12. Regulation 24N amended
In regulation 24N(2) after "extinguisher" insert:

for blasting

13.          Part VA Division 6 deleted

Delete Part VA Division 6.

14.          Regulation 24ZA amended

In regulation 24ZA(2) delete "on infrastructure used in the provision" and insert:

in relation to the provision or restoration

15.          Regulation 24ZD amended

In regulation 24ZD after "extinguishers" insert:

for the road work

16.          Regulation 24ZG amended

In regulation 24ZG(2)(a) delete "extinguishers; and" and insert:

extinguishers for the road work; and

17.          Regulation 24ZH amended

In regulation 24ZH(3) delete "on infrastructure used in the

provision" and insert: 

in relation to the provision or restoration

18.          Regulation 24Z1 amended

In regulation 24Z1(2) delete "on infrastructure used in the provision" and insert:

in relation to the provision or restoration

29 January 2021 GOVERNMENT GAZETTE, WA 433

19.         Regulation 24ZK amended

In regulation 24ZK(2)(b)(ii) delete "a suitable spark arrester that is maintained in a clean, sound and efficient condition." and insert:

a suitable spark arrester for the exhaust system.

20.          Regulation 24ZL amended

In regulation 24ZL after "extinguisher" insert:

for the off-road activity

21.

Regulation 24ZP amended
Delete regulation 24ZP(2) and (3) and insert:

(2)	If an appliance involved in the catering activity has a chimney, the chimney must be designed and constructed to prevent sparks from escaping from the chimney.
(3)	If an appliance involved in the catering activity bums solid fuel, the burning solid fuel must be -

(a)

if there is a secure and sealable door fitted to door; or

(b) in any other case - sufficiently contained to prevent the spread of sparks or a fire.

22.          Regulation 24ZQ replaced

Delete regulation 24ZQ and insert: 

24ZQ. Fire fighting equipment for catering activity

(1) In this regulation -
approved storage tank means a storage tank -

(a)	that is situated on land or mounted on a vehicle; and
(b)	that contains at least 400 L of water; and
(c)	to which an approved pump in proper working order is attached.

(2) At least 2 approved fire extinguishers for the catering activity in proper working order must be provided in close proximity to the catering activity.

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(3) If there is no reticulated water supply available on a
catering site, an approved fire hose must be provided at
the catering site that is -

(a)	in proper working order; and
(b)	connected to an approved storage tank; and
(c)	in a location that ensures that water projected

from the hose will reach -

(i) the catering activity; and

(ii) the ground within a 20 m radius of the

catering activity.

(4) If there is reticulated water supply available on a
catering site, a hose must be provided at the catering
site that -

(a)	is in proper working order; and
(b)	is connected to an approved storage tank or the reticulated water supply; and

(c) is—

(i) if the hose is connected to an approved

storage tank - an approved fire hose;
or

(ii) if the hose is connected to the

reticulated water supply - a hose that is able to securely connect to the water supply;

and

(d) is in a location that ensures that water projected
from the hose will reach -

(i) the catering activity; and

(ii) the ground within a 20 m radius of the

catering activity.

23. Regulation 24ZR amended
In regulation 24ZR( 1) delete "extinguishers -" and insert:

extinguishers for the catering activity -

24. Regulation 39E amended
Delete regulation 39E(4).

Note: The heading to amended regulation 39E is to read:

Use of fireworks

N. HAGLEY, Clerk of the Executive Council.