Careless Use of Fire Act 1912 (NSW)

Act No. 28, 1912.

An Act to consolidate the Acts relating to the

prevention of the careless use of fire.	[26th
November, 1912.]

Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and with

1 . (1) This Act may be cited as the "Careless Use of Eire

Act, 1912."

(2) The Acts No. 25, 1901, and No. 45, 1906, are hereby

repealed.

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2 . Whosoever ignites or uses or carries when ignited any inflammable material within one hundred yards of any stacks of corn, pulse, or hay or standing crops in an inflammable condition, or within ten yards of any groAving crops, stubble-field, or grass land (the grass being in an inflammable condition), or within twenty-five yards of felled timber awaiting a running fire whereby the property of any other person is endangered, injured, or destroyed, shall for every such offence he liable to a penalty not exceeding fifty pounds or to be imprisoned wTith or without bard labour for any period not exceeding

three months.

(3) All proclamations and regulations made under the authority of any Act hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been made under the authority of this Act.

3 . Whosoeve r leaves, whe the r temporar i ly or otherwise, any fire which he has l ighted or used in t h e open air before t h e same is tho rough ly ex t inguished shall , for every such offence, be liable to a pena l ty not exceeding fifty pounds or to be imprisoned for a n y period not exceeding six months .

4 . No twi th s t and ing a n y t h i n g in the n e x t two preceding

sec t ions—

(a) t he occupier of any land may, except d u r i n g the m o n t h s

which may be prescribed for any locali ty by regula t ions , b u r n any s t raw, s tubble , grass, or herbage , or igni te any wood or other inf lammable mater ia l on such land after he has cleared of inf lammable subs tance a space of land around the straw, s tubble , grass, or he rbage in tended to be b u r n t , or wood or o ther inf lammable mater ia l in tended to be igni ted, of not less t h a n such distance as m a y be prescribed by regula t ions which the Colonial Secretary is author ised to m a k e on the recommendat ion of t h e munic ipa l i ty or shire in which the land is s i tuate, and un t i l such regula t ions are so made, of not less t h a n sixty-six feet in b read th , and after he has given to t he occupiers of all l and cont iguous to t he land from or on which t h e s t raw, s tubble , grass, or he rbage is in tended to be

b u r n t , or wood or other inf lammable mate r ia l to be ignited,

not ice in wr i t ing at least twenty- four hours before b u r n i n g or ign i t ing as aforesaid of t h e t ime a t which i t is his in ten t ion

so to b u r n or i g n i t e ;

(b)

the occupier of any grass lands may, except during the m o n t h s prescribed by regulat ion, between five o'clock in the af ternoon and four o'clock in t he forenoon, b u r n off any grass or herbage from any such land in his occupat ion after g iv ing the l ike not ice in wr i t ing as hereinbefore directed of his in t en t ion so to do to t h e occupiers of all land cont iguous to t h e land from which the grass or herbage is in tended to be

bu rned .

5 . (1) If t he occupier of any land clears t h e same of inf lammable mater ia ls for t he space of twen ty feet from any fence dividing such land from the land of any other owner or occupier, and such o ther owner or occupier neglects or omits so to clear his land , and any damage from fire happens to such dividing fence th rough such neglect or omission, the owner or occupier so neg lec t ing or omi t t ing to clear shall a t his own costs and charges cause such fence to be repaired and re-erected wi th in one mon th after t h e same has been so damaged , or wi th in such ex tended t ime as m a y be allowed by a s t ipendiary or police magis t ra te on applicat ion made to h i m in a s u m m a r y way : Provided t h a t reasonable not ice of any such appl icat ion shall be given to the occupier who has cleared his land.

(2)

(2) If t he owner or occupier so neglec t ing or omi t t ing to clear refuses or omits to repair or re-erect such fence wi thin such m o n t h or such ex tended t ime the owner or occupier of t h e land cont iguous to t h e said fence who has cleared the same of inf lammable mater ia l as aforesaid may repair or re-erect such dividing fence.

(3) All sums of money which are so expended or laid out under the provisions of this A c t shall be deemed to be money paid to t he use of the owner or occupier in defaul t .

6 . The Governor, by proclamat ion in t he Gazet te , m a y prohibi t

in any specified locality t he sale, offering for sale, d is t r ibut ion, or use of a n y matches other than those so made as to s t r ike only on a prepara t ion affixed to t he conta in ing box, or a box con ta in ing the same descript ion

of ma tches .

Any person who sells, offers for sale, d is t r ibutes , or uses any matches in cont ravent ion of such proclamat ion shal l be liable to a pena l ty not exceeding ten pounds.

7 . (1) The Colonial Secretary may m a k e regula t ions pre­

scr ib ing—

(a) t h e m a n n e r of m i x i n g and t h e use of phosphorous bai ts for

poisoning r a b b i t s ;

(b) t he persons who may sell such bai ts ;

(c) for t he b u r n i n g of fire-breaks on railway lands ;

and general ly to carry out t h e provisions of th i s Act , and may, in such regula t ions , impose any penal ty not exceeding twen ty pounds for any breach thereof.

(2) Every such regula t ion shall, upon approval of the Governor and notification in the Gazet te , have the force of law, and shall be laid before Par l i ament wi th in fourteen days after such notification if Par l iament be then s i t t ing, and if not, t hen within fourteen days after the commencement of t he nex t ensu ing session.

8 . Whosoever , being liable to be apprehended for any offence
against t he provisions of this Act, opposes, resists, or assaults a n y

person apprehend ing or a t t e m p t i n g to app rehend him shall be gui l ty

of a misdemeanor , and shall be liable to be fined or to be imprisoned

with or without, hard labour for any t e r m no t exceeding six months .

9 .     N o t h i n g in th is Act contained shall t a k e away or interfere

with the r i gh t of any person to sue for and recover, a t common law or otherwise, compensat ion for or in respect of any damage or injury occasioned by the reckless or neg l igen t use of fire.

A c t