Fire and Emergency Services Variation Regulations 2021 (SA)

South Australia

Fire and Emergency Services Variation Regulations 2021

under the Fire and Emergency Services Act 2005

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fire and Emergency Services Regulations 2021

4            Insertion of regulation 29A

29A         Certain acts to constitute lighting and maintaining fire

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fire and Emergency Services Variation Regulations 2021.

2—Commencement

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

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fire and Emergency Services Regulations 2021

4—Insertion of regulation 29A

After regulation 29 insert:

29A—Certain acts to constitute lighting and maintaining fire

(1)Pursuant to section 148(2) of the Act, the following acts will, for the purposes of the Act, be taken to constitute lighting and maintaining a fire:

(a)gas welding, soldering with an exposed flame, metal cutting, metal grinding or metal abrasion;

(b)the use of fireworks;

(c)the use of an appliance used to generate smoke for the manipulation of bees;

(d)the use of a rabbit fumigator;

(e)the use of a bird scarer (within the meaning of regulation 42);

(f)the use of explosive materials,

other than such an act carried out by a member of SACFS or another recognised emergency service in an emergency to protect life or property.

(2)Pursuant to section 148(2) of the Act, the operation of a gas fire or electric element for cooking purposes will, for the purposes of this Act, be taken to constitute lighting and maintaining a fire.

(3)Nothing in this regulation limits a provision of the Act, or any other provision of these regulations.

Note—

As required by section 10AA(2) of the Subordinate Legislation 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

with the advice and consent of the Executive Council

on 23 December 2021

No 198 of 2021