Rural Fires Act Amendment Act 1975 (Qld)

32 Q11C2115faI14 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1975 An Act to amend the Rural Fires Act 1946-1973 in certain particulars [ASSENTED TO 1sT MAY, 1975] 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 1975. (2) The Rural Fires Act 1946-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as. the Rural Fires Act 1946-1975.

Rural Fires Act Amendment Act 1975, No. 10 33 2. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) omitting the definition "Adjoining " and substituting the following definition:- " " Adjoining "-Where used in conjunction with any land means that which lies near so as to touch in some part that land: Provided that lands shall be deemed adjoining where they are separated by a watercourse, road or firebreak, unless that watercourse, road or firebreak is of not less than 10 metres in breadth and is clear of all inflammable vegetation for the distance of 10 metres in every direction; "; (b) inserting after the definition " Chief fire warden " the following definition:- " CChief officer "-A chief officer appointed under the Fire Brigades Act 1964-1973; "; (c) inserting after the definition " Fire warden's district " the following definition:- " " Forest Entitlement Area "-An area of land to which a reservation prescribed by section 147B of the Land Act 1962-1974 relates; "; - (d) omitting the definition " Minister " and substituting the following definition:- " " Minister "-The Minister for Lands, Forestry, National Parks and Wildlife Service or other Minister for the time being charged with the administration of this Act: the term includes any Minister performing temporarily the duties of the Minister administering this Act; "; (e) inserting after the definition " Rural fire district " the following definitions:- " " Sawmill "-Any unit of machinery, equipment or plant used or so assembled as to be capable (with or without the addition of a power supply unit) of being used for- (a) sawing or cutting logs into flitches, planks, boards, scantlings or other forms of sawn or cut timber; (b) dressing, planing, moulding or resawing timber; (c) sawing or cutting logs into pieces to be used as fuel; (d) peeling or slicing logs into veneer; (e) processing logs into woodwool, chipboard, woodpulp or any other form of product, - and any land, building, premises or place in or on which the whole or any part of such unit, equipment or plant is placed, installed or situated, or which is used for purposes incidental to, consequent upon or connected with the specified uses or any of them; " Sawmiller "-An owner or operator of a sawmill; 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (2), omitting the words " The Governor in Council may from time to time by Order in Council-" and substituting the following words:- "The'Board may from. time to time by notification published in the Gazette-". 2

34 Rural Fires Act Amendment Act 197 5 , No. 10 4. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subparagraph (c) of subsection (2), omitting the brackets and words " (but so that at no time shall the number of those other members exceed three)". 5. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) adding at the end of subsection (1) the following paragraph:- (c) If a fire warden is, for a period of three consecutive months, unable to exercise his powers and authorities and to perform his duties under this Act his- appointment as a fire warden shall terminate on the expiration of that period."; (b) in subsection (3)- (i) omitting, the note appearing in and at the beginning of the subsection and substituting the following note:- " Appointment of holder of Crown office or chief officer to be chief fire warden or fire warden."; (ii) omitting the words " specifying that office " and substituting the words " or of the office of chief officer, specifying in each such case the office in question ". 6. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) adding at the end of subsection (1) the following paragraph:- " In this subsection the reference " fire " does not include a reference to- a fire where the material to be consumed therein covers an area that does not exceed two metres in any direction; a fire lit to burn the carcase of a beast; a fire lit, used or maintained for burning sawdust or offcuts or other waste material resulting from the operation of a sawmill, but, notwithstanding the foregoing provisions of this paragraph, does include reference to a fire on the site of demolition of any building or structure lit for the purpose of disposing of material resulting from such demolition."; (b) in subsection (2)- (i) adding at the end of paragraph (a) the words "prior to its harvesting, or of trash and tops resulting from its harvesting or from the planting of sugar cane "; (ii) omitting paragraph (b) and substituting the following paragraph:- " (b) The occupier of that land may burn sugar cane and the -tops and trash thereof- (i) in the manner recognized by the established practice of the sugar cane industry; and (ii) at the times or subject to the conditions prescribed or where times or conditions material to such burning are not prescribed, he may burn sugar cane and the tops and trash thereof- (iii) in the manner recognized by the established practice of the sugar cane industry; and

Rural Fires Act Amendment Act 1975, No. 10 35 (iv) at the times recognized by that practice in the locality of the burning or where that practice is affected by an award made by the appropriate Local Board pursuant to the Regulation of Sugar Cane Prices Act 1962-1972, at the times recognized by that practice as so affected."; (c) in subsection (3)- (i) omitting from the second subparagraph of paragraph (a) the word " and " where it occurs between provision (ii) and provision (iii); (ii) inserting after provision (iii) of paragraph (a) the following provisions:- 46 . (iv) Specify the date on which each consent obtained from a neighbour was obtained; (v) Specify the reason that the consent of a neighbour whose consent has not been obtained was not obtained "; (iii) omitting from the general words preceding provision (iv) of paragraph (b) the words commencing with the words " shall include " to and including the words " lighting thereof and "; (iv) omitting provision (iv) of paragraph (b) and substituting the following provision:- (iv) that notice of the time at which it is intended to light the fire shall be given to such neighbours as are specified in the permit by the fire warden at least two hours before such lighting; "; (v) adding at the end thereof the following paragraph:- " (e) Where a fire warden has refused to issue a permit he shall notify the applicant for the permit of such refusal. Within fourteen days of his being notified of the fire warden's refusal of a permit the applicant may refer-to the Board the matter of such refusal and the Board may authorize an inspector to enquire into the matter of the application and refusal. Upon such inquiry the inspector may, in his discretion, issue the permit that might have been issued by the fire warden or may refuse to issue the permit. The provisions of this subsection shall apply in relation to a permit issued or to be issued by an inspector as if it were a permit issued or to be issued by a fire warden and for that purpose a reference in this subsection to the " fire warden " shall be read as a reference to the " inspector ".". 7. Amendment of s. 16 . Section 16 of the Principal Act is amended by- (a) omitting subsection (3) and substituting the following subsection:- " (3) This section applies in respect of the lighting, maintaining and use of all rural fires whether under the authority of a permit issued under this Act or not save that- (a) in respect of fires of a kind referred to in section 13 (5); or (b) where the office of fire warden is held by a forest officer, the powers and authorities conferred by this section shall be had by the district forester under whose jurisdiction the forest officer who holds the office of fire warden works, to the exclusion of all other persons.".

36 Rural Fires Act Amendment Act 1975, No. 10 (b) omitting from subsection (4) the words " Subject to the provisions of this section," and substituting the words " Save where it is otherwise prescribed,". 8. Amendment of s. 20. Section 20 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the general words occurring at the commencement of the subsection and substituting the following words:- " The Minister may from time to time, by notification published in the Gazette, in relation to the whole of the State or in relation to such part or parts of the State as are specified by him in the notification-" ; (ii) omitting provision (a) and substituting the following provision:- ((aa)) prohibit- (i) the sale, use or possession of wax matches or phosphorus baits; or (ii) the use of explosives or fireworks; "; (iii) omitting provision (c) and substituting the following provision:- (c) direct that- (i) the sale,. use or possession of wax matches or phosphorus baits; or (ii) the use of explosives or fireworks, shall be subject to the conditions specified in the direction; (b) omitting subsection (2) and substituting the following subsection:- " (2) A notification under subsection (1) of this section may be of unlimited duration or may be expressed to be in force for a period specified therein in which latter case it shall remain in force only for the period so specified.". 9. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) numbering the existing provisions of the first and second paragraphs thereof as subsection (1); ' (b) omitting the third paragraph thereof and substituting the following subsections:- (2) An owner or occupier to whom an order is given pursuant to subsection (I) who does not comply with that order shall be guilty of an offence against this Act. (3) Where an order given pursuant to subsection (1) has not been complied with the Board, by its agents, may enter upon the land to which the notice relates and burn off or remove inflammable material found thereon and may recover in a court of competent jurisdiction from the owner or occupier to whom the order was given as a debt due and owing to the Board by such owner or occupier the expenses of the Board incurred in or in connexion with such burning off or removal.

Rural Fires Act Amendment Act 1975, No. 10 37 (4) Where pursuant to subsection (3) the Board has removed from any land any material it may sell or otherwise dispose of the material'or any part of it, or destroy the same, as the Board thinks fit and, in the event of a sale, the Board shall apply the proceeds therefrom as follows:- (a) firstly in payment of the expenses of the sale; (b) secondly in payment of the Board's expenses incurred in or in connexion with the entry, burning off or removal effected under subsection (3); and (c) lastly in payment of the balance, if any, to the owner or occupier of the land from which the material was removed by the Board (whoever, in the Board's opinion, is entitled thereto). Where the proceeds of a sale made by the Board are insufficient to cover the whole of the expenses of the Board to which the proceeds are to be applied the amount of expenses that may be recovered by the Board from the owner or occupier concerned shall be reduced by the amount available to be applied under provision (b) of this subsection.". 10. Amendment of s. 21A. Section 21A of the Principal Act is amended by omitting provision (c) and substituting the following provision:- ( cc) ) comprises any State Forest, Timber Reserve, Forest Entitlement Area, or National Park,". 11. Amendment of s. 22 . Section 22 of the Principal Act is amended by adding at the end of the section the following subsection:- (4) An inspector shall have and may exercise all of the powers and authorities conferred by this section on a fire warden, a forest officer or a chief fire warden and for that purpose a reference in this section to a fire warden, forest officer or chief fire warden shall be taken to include reference to an inspector.". 12. Amendment of s. 25. Section 25 of the Principal Act is amended by adding at the end of the section the following paragraph:- " An inspector shall have and may exercise all of the powers and authorities conferred by this section on the Board or a chief fire warden and for that purpose a reference in this section to the Board or a chief fire warden shall be taken to include reference to an inspector.". 13. Amendment of s. 28. Section 28 of the Principal Act is amended by. in subsection (5), omitting the words " two hundred pounds " and substituting the expression " $800 ". 14. Repeal of and new s. 36. The Principal Act is amended by repealing section 36 and substituting the following section:- " 36. Chain of command at rural fires . (1) Subject to this Act, the supreme charge of all operations in relation to the control of a rural fire shall be exercised- (a) by an inspector if he is present at the fire (or if more than one inspector is present then the senior inspector); or

38 Rural Fires Act Amemhnent Act 1975, Vo. 10 (b) in the absence of an inspector, by the first officer of the bush fire brigade for the district in which the fire is burning; or (c) if neither an inspector nor the first officer or any other officer of the bush fire brigade for the district in which the fire is burning is present at the fire. the chief fire warden of the rural fire district in which the fire is burning. (2) An inspector, first officer or other officer of a bush fire brigade, or chief fire warden, being a person having under this section supreme charge of all operations in relation to the control of a rural fire may delegate to any competent and willing person such charge in which event that person shall have supreme charge of such operations.". 15. Amendment of s. 37. Section 37 of the Principal Act is amended by- (i) omitting the. words " or timber reserve " where they first occur and substituting the words " Timber reserve, or Forest Entitlement Area "; (ii) omitting the words " 1.6 kiiometre " and substituting the words 3 kilometres ". 16. Amendment of s. 38. Section 38 of the Principal Act is amended by adding at the end of the second paragraph the words " or if, in the opinion of the Board, the equipment is being misused or neglected ". 17. Repeal of and new s. 39. The Principal Act is amended by repealing section 39 and substituting the following section:- "39. Inspection of equipment by Board , etc. The Board, an inspector, or an authorized person, may- (a) at any time inspect the equipment of any bush fire brigade; or (b) take such steps as it or, as the case may be, he deems necessary to ensure that any bush fire brigade is efficient for the performance of its duties.". 18. Amendment of s. 44 . Section 44: of the Principal Act is amended by, in subsection (1)-- (i) omitting from paragraph (a) the word " rural "; (ii) adding at the end of paragraph (c) the following provision:- (vi) The stacking and storage of timber and other material within a sawmill in such manner as may be specified in the direction". 19. Amendment of s. 48 . Section 48 of the Principal Act is amended by, in subsection (I)-- (a) inserting in provision (f) after the words " or forest officer " the words " or first officer or other officer of a bush fire brigade "; (b) inserting in provision (f) after the words " forest officer," the words " first officer or other officer of a bush fire brigade,"; (c) inserting after provision (j) the following provision:- (k) Save with the consent of the person who issued the permit, changes any particular shown in a permit issued under this Act ";

Rural Fires Act Amendment Act 1975, No. 10 39 (d) inserting before the words "shall be liable ", where they first occur in the general words following provision (k), the words " shall be guilty of an offence against this Act and "; (e) omitting the words " one hundred pounds " and the words " two hundred pounds " and substituting the expression " $400 " and the expression " $800" respectively. 20. Amendment of s. 49 . Section 49 of the Principal Act is amended by omitting the words " five hundred pounds " and substituting the expression " $2 000 ". 21. Amendment of s. 50 . Section 50 of the Principal Act is amended by, in subsection (3), omitting the words " one hundred pounds " and the words " two hundred pounds " and substituting the expression " $400 " and the expression " $800 " respectively. 22. Amendment of s. 51 . Section 51 of the Principal Act is amended by, in paragraph (h), omitting the words " one half of a chain " and substituting the words " 10 metres ". 23. Amendment of s. 52 . Section 52 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) If it appears that a chief fire warden or fire warden will be unable from any cause to exercise his powers and authorities and perform his duties under this Act for a period not exceeding three months he may appoint, as prescribed, a person to act as his deputy during that period and, for as long as his appointment subsists, such deputy shall ha., and may exercise the powers and authorities and shall perform the duties of the chief fire warden or fire warden who appointed him. A reference " chief fire warden " or " fire warden " in the preceding paragraph does not include reference to a person who is appointed such pursuant to section9 (3) of this Act. The powers, authorities and duties conferred or imposed by this subsection on a person appointed as a deputy chief fire warden or deputy fire warden pursuant to this subsection shall terminate- (a) upon the expiration of the period for which he is appointed; (b) upon the return to duty of the chief fire warden or fire warden who appointed him as his deputy; or (c) upon any other person commencing to exercise those powers and authorities and to perform those duties by virtue of his appointment as chief fire warden or fire warden under section 9 of this Act, whichever event is the first to occur and thereupon the person who until that event was such deputy shall not have or exercise those powers and authorities and shall not perform those duties. Every appointment made pursuant to this subsection shall be in writing and shall specify the period for which the appointment is made and, where the appointment is made by a fire warden, the person whc makes it shall forthwith notify the chief fire warden of the making of the appointment, the identity of the appointee and the period for which the appointment is made.".

40 Rural Fires Act Amendment Act 1975, No. 10 24. New s. 54A. The Principal Act is amended by inserting after section 54 the following section:- " 54A. Liability for offence when body corporate owner or occupier . Where any provision of this Act requires or permits a direction, order or notice to be given to the owner or occupier of any place (whether in writing or orally) and the owner or occupier of the place in question is a body corporate, or where an offence against any provision of this Act is committed by a body corporate then- (a) a direction, order or notice given (either in writing or orally) to any person who, at the time of such giving, appears to be a person in charge of the place in question shall be deemed to be thereby given to the owner and occupier of that place; and (b) every person who is a member of the governing body of such body corporate shall be deemed to have committed the offence and may be prosecuted in respect of the offence in question unless he proves that he had no knowledge of the commission of the offence at the time of its commission and could not, by the exercise of reasonable diligence , have prevented the commission of the offence.". 25. Amendment of s. 55. Section 55 of the Principal Act is amended by, in subsection (2), omitting the words "four months after the offence was discovered " and substituting the words " six months after the commission of the offence comes to the knowledge of the complainant ". 26. Amendment of s. 58 . Section 58 of the Principal Act is amended by, in subsection (2), omitting the words " twenty-five pounds " and substituting the expression " $200 ".