Rural Fires Act Amendment Act 1970 (Qld)

519 (t eutshuxtbr ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 42 of 1970 An Act to Amend the Rural Fires Act 1946- 1968 in certain particulars [ ASSENTED TO 21ST DECEMBER, 1970 ] 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. Short title and citation . (1) This Act may be cited as the Rural Fires Act Amendment Act 1970. (2) The Rural Fires Act of 1946 as subsequently amended is in this Act called the Principal Act. (3) The Principal Act as amended by this Act may be collectively cited as the Rural Fires Act 1946-1970.

520 Rural Fires Act Amendment Act 1970, No. 42 2. Amendments to s. 27. Section 27 of the Principal Act is amended by-- (a) numbering the existing provisions as subsection (1); (b) adding the following subsections:- " (2) A state of fire emergency declared by an emergency declaration to exist shall continue in being in accordance with the declaration- (a) until the expiration of the period specified in the declaration as the time for which the state of fire emergency should continue or until the declaration is revoked, whichever is the first to occur; or (b) where such a period is not so specified, until the declaration is revoked. (3) The Minister may at any time by notice published in the Gazette revoke an emergency declaration.". 3. Amendment to s. 28. Section 28 of the Principal Act is amended by, in subsection (1), adding the following paragraph:- " Without prejudice to the provisions of subparagraph (c) of subsection (1) of section 5 of this Act, for the purposes of subparagraph (d) of this subsection the expression " fire burning in the open air " does not include such a fire lit, maintained and used in accordance with the authority of a permit duly obtained as required by the emergency declaration and issued pursuant to the proviso to subparagraph (c) of this subsection but, subject thereto, includes every such fire whether or not it was burning at the time of making of the emergency declaration or was lit or is maintained or used in accordance with the authority of a permit issued under this Act.". 4. Amendment to s. 29 . Section 29 of the Principal Act is amended by omitting subsection (2). 5. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Delegation of Minister 's powers, etc . (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to any one or more members of the Board or to any one or more officers appointed or seconded for the effectual execution of this Act all or an.y of his powers and functions under this Part except this power of delegation.

Rural Fires Act Amendment Act 1970, No. 42 521 (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister. (4) A reference to the Minister, in this Part or in any provision elsewhere in this Act when that provision is sought to be applied to or in relation to any thing done or made pursuant to this Part, shall be taken to include reference to such a delegate of the Minister.". 6. Repeal of and new s. 53. The Principal Act is amended by repealing section 53 and inserting in its stead the following section:- " 53. Vicarious liability for fires . (1) Where a person who in lighting, maintaining or using a fire contravenes or fails to comply with the provisions of this Act or of any direction or permit under this Act lights, maintains or uses such fire pursuant to an agreement with or at the direction or request of another person to burn, remove, take away, clear or otherwise dispose of the vegetation or other material which the fire is intended to consume that other person and every principal for whom that other person may, in a particular case, be acting as agent shall be deemed to have committed an offence of the same kind and to be liable to the penalty prescribed therefor as if each of them had lit, maintained or, as the case may be, used the fire in question and may be charged with that offence. The liability of any person pursuant to this subsection shall be in addition to any liability attaching to the person who actually lit, maintained or used the fire in question. (2) It is immaterial to the liability of any person pursuant to subsection (1) of this section that- (a) he did not counsel or procure the relevant contravention or failure to comply; (b) he did not direct or request a fire to be lit; (c) the fire was lit, maintained or used contrary to his direction or request; or (d) the person who actually lit, maintained or used the fire is not criminally responsible in law therefor.

522 Rural Fires Act Amendment Act 1970, No. 42 (3) Save as is prescribed by the foregoing provisions of this section the provisions of this Act with respect to proceedings for an offence against this Act shall not prejudice, limit or affect the operation of the provisions of The Criminal Code in relation to offences which are within the purview of both this Act and The Criminal Code.".