Rural Fires Act Amendment Act 1968 (Qld)

241 Quegrt$Ianb ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 31 of 1968 An Act to Amend The Rural Fires Acts 1946 to 1964 in certain particulars [ASSENTED TO 19TH NOVEMBER, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as the Rural Fires Act Amendment Act 1968. (2) Principal Act. The Rural Fires Acts 1946 to 1964 is in this Act referred to as the Principal Act. (3) Collective title . The Principal Act as amended by this Act may be collectively cited as the Rural Fires Act 1946-1968. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by omitting the definition " Scenic Area ". 3. Amendment of s. 13 (5). Section 13 of the Principal Act is amended by omitting from subsection (5) the words " Scenic Area," wherever they occur. 4. Amendment of s. 16 (3). Section 16 of the Principal Act is amended by omitting from subsection (3) the words " rural fires lit or likely to he lit under the authority of a permit issued under section twenty-three of this Act by a forest officer" and inserting in their stead the words " fires to which the provisions of subsection (5) of section 13 of this Act are applicable ".

242 Rural Fires Act Amendment Act 1968, No. 31 5. Repeal of and new s. 19. The Principal Act is amended by repealing section 19 and inserting in its stead the following section:- " 19. Special fire zones . (1) The following shall each constitute a special fire zone- (a) any State Forest and all parcels of land any boundary of which, defined by survey or otherwise delineated in the office of the Surveyor-General of Queensland, is within one mile of any boundary of the State Forest; (b) any timber reserve and all parcels of land any boundary of which, defined by survey or otherwise delineated in the office of the Surveyor-General of Queensland, is within one mile of any boundary of the timber reserve; (c) any National Park and all parcels of land any boundary of which, defined by survey or otherwise delineated in the office of the Surveyor-General of Queensland, is within one mile of any boundary of the National Park; (d) any sanctuary within the meaning of The Fauna Conservation Act of 1952. (2) Where land within a special fire zone (other than a State Forest, Timber Reserve or National Park) is after the passing of the Rural Fires Acts Amendment Act 1968 included within the area of a fire warden's district pursuant to a notification under subsection (3) of section 5 of this Act it shall upon the publication of such notification in the Gazette be thereupon removed from such special fire zone and the area of such special fire zone shall to that extent be diminished accordingly. (3) Every special fire zone and every part of a special fire zone which is not within a rural fire district shall for the purposes of this Act be deemed to be respectively constituted rural fire districts." 6. Repeal of and new s. 20. The Principal Act is amended by repealing section 20 and inserting in its stead the following section:- "20. Restriction on sale or use , etc., of wax matches , etc., in special fire zones. (1) The Minister may, from time to time by notification published in the Gazette, in relation to any special fire zone or special fire zones or any area or areas specified by him in the notification- (a) prohibit the sale, use or possession of wax matches, phosphorus baits, explosives or fireworks; (b) prohibit the use of producer-gas units or appliances or materials specified therein being of a type likely to cause vegetation to become ignited; (c) direct that the sale, use or possession of wax matches, phosphorus baits, explosives or fireworks shall be subject to the conditions specified in the direction; (d) direct that the use of producer-gas units or materials specified therein, being of a type likely to cause vegetation to become ignited shall be subject to the conditions specified in the direction. (2) A notification under subsection (1) of this section shall remain in force for the period specified therein.

Rural Fires Act Amendment Act 1968, No. 31 243 (3) Any person who does any act which is prohibited by the Minister under subsection (1) of this section shall be guilty of an offence against this Act. (4) Any person whc fails to comply in any respect with any condition specified in a direction under subsection (1) of this secti( ;hall be guilty of an offence against this Act.". 7. Amendment of s. 21A. Section 21A of the Principal Act is amended by omitting from paragraph (c) the words " National Park, or Scenic Area " and inserting in their stead the words " or National Park ". 8. Amendments of s. 37. Section 37 of the Principal Act is amended by- (a) omitting the words ", Scenic Area " wherever they occur; (b) omitting the word " Surveyed "; (c) inserting after the words " boundary of which " the words ", defined by survey or otherwise delineated in the office of the Surveyor- General of Queensland,". 9. Amendments of s. 48 (1). Section 48 of the Principal Act is amended by in subsection (I)- (a) omitting paragraph (j); (b) redesignating paragraph (k) as paragraph (j).