Fire and Emergency Services (Permits) Amendment Regulations 2023 (SA)

South Australia

Fire and Emergency Services (Permits) Amendment Regulations 2023

under the Fire and Emergency Services Act 2005

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Fire and Emergency Services Regulations 2021

3            Amendment of regulation 3—Interpretation

4            Amendment of regulation 29A—Certain acts to constitute lighting and maintaining fire

5            Amendment of regulation 31—Permits

6            Amendment of regulation 39—Gas welding, soldering, metal cutting, grinding and abrasion

7           Amendment of regulation 54—Prescribed activity

8            Amendment of regulation 70—Expiation of offences

9            Amendment of Schedule 9—Permit authorising person to light or maintain fire during fire danger season

10          Amendment of Schedule 10—Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fire and Emergency Services (Permits) Amendment Regulations 2023.

2—Commencement

These regulations come into operation on the day on which they are made.

Part 2—Amendment of Fire and Emergency Services Regulations 2021

3—Amendment of regulation 3—Interpretation

Regulation 3(1)—after SA Water insert:

welding means all forms of welding, including gas, electrical and chemical welding.

4—Amendment of regulation 29A—Certain acts to constitute lighting and maintaining fire

Regulation 29A(1)(a)—delete "gas"

5—Amendment of regulation 31—Permits

Regulation 31(10)(b) and (c)—delete paragraphs (b) and (c) and substitute:

(b)the authorised officer must send a copy of the permit to the permit holder in such manner as is determined by the Chief Officer; and

(c)if the permit authorises the permit holder to light or maintain a fire contrary to the terms of a total fire ban, the authorised officer must give notice of the issue of the permit to the regional officer in whose region the fire will be lighted, and send a copy of the permit to that regional officer, in such manner as is determined by the Chief Officer.

6—Amendment of regulation 39—Gas welding, soldering, metal cutting, grinding and abrasion

1. Regulation 39, heading—delete "Gas welding" and substitute:

   Welding

2. Regulation 39(1)(a)—delete "gas"

3. Regulation 39—after subregulation (2) insert:

   (2a)Subregulation (2) does not apply to a person who operates an appliance referred to in subregulation (1) in the open air in accordance with a permit issued under section 81 of the Act.

7—Amendment of regulation 54—Prescribed activity

Regulation 54(g)—delete "gas"

8—Amendment of regulation 70—Expiation of offences

Regulation 70(1), table, item relating to "Section 89", (d)—delete "gas"

9—Amendment of Schedule 9—Permit authorising person to light or maintain fire during fire danger season

Schedule 9—delete "(tick appropriate purpose):

—for the purpose of burning off land;

—for another purpose: [specify the purpose]" and substitute:

for the purpose of: [specify the purpose]

Note—

Certain acts constitute lighting and maintaining fire—see regulation 29A.

10—Amendment of Schedule 10—Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban

Schedule 10—after "Pursuant to section 81 of the Fire and Emergency Services Act 2005 this permit is issued for the purpose of [insert purpose]." insert:

Note—

Certain acts constitute lighting and maintaining fire—see regulation 29A.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 28 September 2023

No 98 of 2023