Bushfire Regulations 1938 (ACT)

Bushfire Regulations 1938 (repealed)    

made under the

Bushfire Act 1936

Republication No 4

Effective:  1 July 2004

Republication date: 1 July 2004

As repealed by A2004-28 s 203

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Bushfire Regulations 1938 (repealed), made under the Bushfire Act 1936, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 July 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Bushfire Regulations 1938 (repealed)

made under the

Bushfire Act 1936

Contents

Page

1. Name of regulations  2

1ADefinitions for regulations  2

1. Selling, distributing or using matches  2

2. Selling, distributing or using any stick or crude phosphorus                  2

3. Steam engines  3

4. Internal-combustion engines  3

5. Prescribed fires  3

6. Bushfire-prone Government land—prescribed uses  5

Endnotes

1. About the endnotes  7

2. Abbreviation key  7

3. Legislation history  8

4. Amendment history  9

5. Earlier republications  10

Bushfire Regulations 1938 (repealed)

made under the

Bushfire Act 1936

1. Name of regulations

   These regulations may be cited as the Bushfire Regulations 1938.

1ADefinitions for regulations

In these regulations:

NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

factory means a building or other place where goods are manufactured or repaired in the course of carrying on a trade or business.

heating appliance means an appliance in which heat is provided by the combustion of liquefied petroleum gas or by the use of electricity for the purpose of cooking foods or heating liquids.

1. Selling, distributing or using matches

   Any person who sells, offers for sale, distributes, or uses in the ACT any matches other than those so made as to strike only on a preparation affixed to the containing box or a box containing the same description of matches commits an offence.

   Maximum penalty:  1 penalty unit.

2. Selling, distributing or using any stick or crude phosphorus

   Any person who, without the written permission of the Minister, sells, offers for sale, distributes, or uses in the ACT any stick or crude phosphorus commits an offence.

   Maximum penalty:  5 penalty units.

3. Steam engines

   (1)The owner of any steam engine shall install efficient spark arrestors and sound ashpans to catch all sparks and ashes, and shall maintain the arrestors and pans in good repair.

   Maximum penalty:  2 penalty units.

   (2)A person in charge of any steam engine shall not leave the engine unless he or she has caused to be extinguished any live coals which may have dropped from the engine, and taken sufficient measures to prevent any live coals dropping from the engine after his or her departure.

   Maximum penalty:  2 penalty units.

4. Internal-combustion engines

   (1)Any person who uses or controls, during the period commencing on 1 November in any year and ending on 31 March in the following year, any internal-combustion engine, used in or in connection with agricultural, dairying or pastoral pursuits, or for supplying motive power for machinery or for haulage purposes, which is not fitted with an effective spark arrestor, commits an offence.

   Maximum penalty:  5 penalty units.

   (2)Nothing in subregulation (1) shall apply to the internal combustion engine of any motor vehicle (other than a tractor) used solely in the conveyance of persons or goods.

5. Prescribed fires

   For the Act, section 7A (2) (c) each of the following is a prescribed class of fire:

   (a)a fire lit, maintained or used at a factory if the fire is lit, used or maintained in a building or other structure and reasonable steps have been taken to prevent the escape of fire, sparks or incandescent or burning material from the building or other structure;

   (b)a fire lit, maintained or used by or under the authority of any person or body of persons, whether corporate or unincorporate, for or in conjunction with the repair or maintenance of services or equipment essential for continuance or restoration of the supply of heat, light, power, water, sewerage, transport or communication where—

   (i)the chief fire control officer has been notified of the intention to light, maintain or use the fire; and

   (ii)reasonable steps have been taken to prevent the escape of fire, sparks or incandescent or burning material from the place where the fire is lit, maintained or used;

   (c)a fire lit, maintained or used for the purpose of using a heating appliance anywhere on land, whether unleased land the property of the Commonwealth or land held under a lease from the Commonwealth or in fee simple, if—

   (i)the appliance is under the control of a responsible adult who is present at all times while the appliance is in use; and

   (ii)the area around the appliance for a distance of not less than 3m is cleared of flammable material while it is in use; and

   (iii)a means of applying a continuous stream of water is available for immediate use;

   (d)a fire lit, maintained or used to enable a hot-air balloon to become or stay airborne or to control the descent of such a balloon if—

   (i)the balloon is under the control of a responsible person who is present at all times when the fire is in use; and

   (ii)an area of not less than 3m around the balloon is cleared of flammable material before the fire is lit; and

   (iii)a means of applying a continuous stream of water is available for immediate use at the place at which the fire is lit.

6. Bushfire-prone Government land—prescribed uses

   For the Act, section 11B (1) (a), (b) and (c), each of the following uses for land referred to in any of those paragraphs is prescribed:

   (a)agriculture;

   (b)cemetery or burial ground;

   (c)community path;

   (d)group camping, being the provision of short-term accommodation and recreational facilities for community groups;

   (e)landfill;

   (f)major road;

   (g)major public utility installation;

   (h)minor service reticulation, being for public utility services;

   (i)minor use, being incidental to any another use prescribed by this regulation;

   (j)nature conservation;

   (k)offensive industry;

   (l)outdoor recreation, being for—

   (i)a ski run, whether on grass or snow; or

   (ii)a shooting range;

   (m)overnight camping;

   (n)parkland, being—

   (i)a hilltop reserve; or

   (ii)a public lookout; or

   (iii)a public park; or

   (iv)a recreational reserve; or

   (v)a regional park; or

   (vi)a reserve on a lake shore or river shore;

   (o)plantation forestry;

   (p)railway use, including yards and other outdoor areas;

   (q)research facility for agricultural research;

   (r)quarantine facility for animals or plants;

   (s)tourist facility;

   (t)woodlot.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   The Bushfire Regulations 1938 (repealed) were originally the Careless Use of Fire Regulations.  They were renamed as the Bushfire Regulations by the Bushfire Regulations Amendment 1993 (see reg 3) and as the Bushfire Regulations 1938 under the Legislation Act 2001 in republication No 3.

   Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16 and Interpretation Act 1967, s 50.).

   Legislation before self-government

   Bushfire Regulations 1938

   notified 3 March 1938
   commenced 3 March 1938

   as amended by

   Amendment of Careless Use of Fire Regulations 1942 No 3

   notified 19 February 1942
   commenced 19 February 1942

   Regulations to repeal certain regulations and to revise certain regulations in force under the Ordinances Act 1980 No 3 sch

   notified 25 March 1980
   sch commenced 25 March 1980

   Careless Use of Fire Regulations Amendment 1982 No 49

   notified 17 November 1982
   commenced 17 November 1982

   Legislation after self-government

   Bushfire Regulations Amendment 1993 No 51

   notified 24 December 1993 (Gaz 1993 No S275)
   commenced 24 December 1993 (reg 1)

   Regulations Revision (Penalties) Regulations 1996 No 8 sch

   notified 6 June 1996 (Gaz 1996 No S108)
   commenced 6 June 1996 (reg 2)

   Bushfire Regulations Amendment 1997 No 22

   notified 31 July 1997 (Gaz 1997 No S237)

   commenced 31 July 1997 (reg 1)

   Bushfire Regulations Amendment 1998 No 8

   notified 6 March 1998 (Gaz 1998 No S92)
   commenced 6 March 1998 (reg 1)

   Legislation (Consequential Amendments) Act 2001 No 44 pt 47

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 47 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   as repealed by

   Emergencies Act 2004 A2004-28 s 203

   notified LR 29 June 2004
   s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
   s 203 commenced 1 July 2004 (s 2 (1) and CN2004-11)

2. Amendment history

   Name of regulations

   reg 1am 1993 No 51 reg 3; R3 LA

   Definitions for regulations

   reg 1Ains 1993 No 51 reg 4

   def Act ins 1993 No 51 reg 4

   om 2001 No 44 amdt 1.493

   def factory ins 1993 No 51 reg 4

   def heating appliance ins 1993 No 51 reg 4

   Selling, distributing or using matches

   reg 2am 1980 No 3; 1982 No 49; 1996 No 8 sch

   Selling, distributing or using any stick or crude phosphorus

   reg 3am 1980 No 3; 1993 No 51 reg 5; 1996 No 8 sch

   Steam-engines

   reg 4am 1980 No 3; 1993 No 51 reg 6; 1996 No 8 sch

   Internal combustion engines

   reg 5ins 1942 No 3

   am 1980 No 3; 1993 No 51 reg 7; 1996 No 8 sch

   Prescribed fires

   reg 6ins 1993 No 51 reg 8

   am 1998 No 8 reg 2

   Bushfire-prone Government land—prescribed uses

   reg 7ins 1997 No 22 reg 2

   ss renum R3 LA

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date
1	SL 1993 No 51	31 December 1993
2	SL 1997 No 22	31 July 1997
3	A2001-44	21 January 2002

©  Australian Capital Territory 2004