Rural Fires Act Amendment Act 1982 (Qld)

688 (J uecnslanb UN TI ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 42 of 1982 An Act to amend the Rural Fires Act 1946-1977 in certain particulars [ASSENTED To 23RD S EPTEMBER, 19821

Rural Fires Act Amendment Act 1982, No. 42 689 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 1982. (2) The Rural Fires Act 1946-1977 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 1946-1982. 2. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition of " Chief officer " the following definitions- " " Environmental Park "-Land reserved and set apart as an Environmental Park under the Land Act 1962-1981; " Fauna reserve "-Land declared to be a fauna reserve pursuant to the Fauna Conservation Act1974-1979; Field officer " means the officer or other person appointed or employed pursuant to the National Parks and Wildlife Act1975-1976 who is for the time being discharging the duties of the person in charge of a National Park, Environmental Park or Fauna Reserve;"; (b) inserting after the definition of " Fire warden's district " the following definition:- Flammable material "-Includes all substances or matter capable of ignition or combustion by the application of heat or fire or by means of sparks or flame or by spontaneous causes: The term also includes all substances which are declared by the regulations to be flammable material for the purposes of this Act, and also includes all vegetation;"; (c) omitting the definition of " Inflammable material "; (d) omitting the definition of " Minister " and substituting the following definition:- Minister "-Includes a Minister of the Crown who is temporarily performing the duties of the Minister;"; (e) in the definition of " Occupier " omitting all the words from and including the words " In the case of " to the end and substituting the following words:- " In the case of any State Forest or Timber Reserve the term includes the forest officer in charge of that State Forest or Timber Reserve and in the case of any National Park, Environmental Park or fauna reserve the term includes the field officer of that National Park, Environmental Park or fauna reserve."; (f) in the definition of " Rural fire " omitting the words "and grass tire " and substituting the words " , grass fire and structural fire ";

690 Rural Fires Act Amendment Act 1982, Aro. 42 (g) omitting the definition of " Special fire zone "; (h) omitting the definition of " Timber reserve " and substituting the following definition:- " " Timber reserve "-means a timber reserve within the meaning of the Forestry Act1959-1981;". 3. Amendment of s. 13. Requirements to be complied with by persons lighting certain classes of fires within rural fires districts . Section 13 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:- " (5) Where any fire the subject of a permit under this section is to'be lit, maintained or used on any land or on part of any land which is situated within any State Forest, Timber Reserve, National Park, Environmental Park or fauna reserve the term " fire warden " means- (a) in the case of a State Forest or Timber Reserve, the forest officer or other officer who is for the time being discharging the duties of the officer in charge of such State Forest or Timber Reserve as the case may be; (b) in the case of a National Park, Environmental Park or fauna reserve, the field officer of such National Park, Environmental Park or fauna reserve; (c) if no such forest officer, other officer or field officer is readily available, the fire warden for the fire warden's district wherein the fire is to be lit, maintained or used; or (d) if the office of that fire warden is vacant, or if he is not readily available or where the fire is to be lit, maintained or used upon land which is not within a fire warden's district, the chief fire warden for the rural fire district wherein the fire is to be lit, maintained or used.". 4. Amendment of s. 16 . Further powers of a chief fire warden . Section 16 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection- (1) The chief fire warden for the rural fire district wherein any rural fire is, or is likely, to be lit may, and if so directed by the secretary to the Board or an inspector shall, at a time prior to the lighting of the fire issue an order- (a) Prohibiting the lighting of any rural fire or any rural fire of a particular type on such land or part of such land and during such period or until the happening of such event or the arising of such circumstances as he may specify therein; or (b) Requiring the observance in the lighting, maintaining and use of that rural fire or type of rural fire on such land or part of such land as he may specify therein of such special conditions as he may specify in the order.

Rural Fires Act Amendment Act 1982, No. 42 691 A copy of every order referred to in paragraph (b) shall, but without prejudice to the validity or enforcement thereof, be served on the person intending or, as the case may be, believed to be intending, to light the rural fire. The chief fire warden who issues an order under this subsection- (c) May, at any time revoke the order; (d) Shall, if so directed by the secretary to the Board or an inspector, revoke the order. Notwithstanding that the chief fire warden has issued an order under this subsection prohibiting the lighting of any rural fire or any rural fire of a particular type he may issue a permit containing such conditions as he sees fit to impose which permit shall be sufficient authority for the person to whom it is issued to light, maintain and use a rural fire, during the period for which the permit exists, on the land or part of the land identified therein and for the purpose and subject to all the conditions specified therein. Where any permit authorizing the lighting of a rural fire has been previously issued under this Act and remains in force, then- (e) If the lighting of that fire is prohibited under this subsection that permit shall without further or other authority than this provision cease to be in force or to give authority for the lighting of that fire; (f) If the chief fire warden requires pursuant to this subsection the observance of special conditions in the lighting, maintaining and use of that fire, then such special conditions shall be deemed to be specified in that permit."; (b) 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 where the office of fire warden is held by or where pursuant to the provisions of this Act the term " fire warden " means a forest officer then the powers and authorities conferred by this section shall be had to the exclusion of all other persons by the district forester under whose jurisdiction the forest officer works."; (c) in subsection (4) omitting the words " or forest officer " and substituting the words " or a person having all or any of the powers and authorities conferred on a chief fire warden or fire warden ". 5. Amendment of s. 17. Restrictions on certain fires. Section 17 of the Principal Act is amended by in provision (a) and provision (d) of subsection (1) omitting the word " inflammable " and substituting in each case the word " flammable ". 6. Amendment of s. 18 . Owner or occupier to extinguish fire or notify warden . Section 18 of the Principal Act is amended by in provision (b) inserting after the words " forest officer," the words " field officer ".

692 Rural Fires Act Amendment Act 1982, No. 42 7. Repeal of s. 19. Special fire zones . The Principal Act is amended by repealing section 19. 8. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of section 21 omitting the word " inflammable " and substituting the word " flammable "; (b) in subsections (1) and (3) omitting the word " inflammable " and substituting in each case the word " flammable ". 9. Amendment of s. 21A. Power of Board to order construction of firebreaks . Section 21A of the Principal Act is amended by in provision (c) omitting the words " or National Park," and substituting the words " National Park, Environmental Park or fauna reserve,". 10. Amendment of s. 22. Powers of fire warden when of the opinion that a fire constitutes a fire danger . Section 22 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections:- " (1) Where a fire is burning on any land within or partly within a fire warden's district and the fire warden is of the opinion that the fire constitutes a fire danger, then the fire warden may order the occupier of that land o take or he may himself take all such steps as he considers necessary to extinguish the fire or he may notwithstanding his giving, an order to the occupier, himself take all such steps as he considers necessary to extinguish the fire whether these steps are contained in his order to the occupier or not. (1A) Where the land referred to in subsection (1)- (a) Comprises the whole or part of a State Forest, Timber Reserve or Forest Entitlement Area or is within 3 kilometres of any such land; or (b) Comprises the whole or part of a National Park, Environmental Park or fauna reserve or is within 3 kilometres of any such land, the powers and authorities conferred upon the fire warden by subsection (I) are, where the fire warden is not readily available exerciseable by- (c) In a case to which paragraph (a) applies-any forest officer; or (d) In a case to which paragraph (b) applies-any field officer who is present at the fire."; (b) in subsection (2)- (i) omitting the words " or forest officer " and substituting the words ", forest officer or field officer "; (ii) omitting the words " or, as the case may be, forest officer " and substituting the words ", forest officer or, as the case may be, field officer ";

Rural Fires Act Amendment Act 1982, No. 42 693 (c) in subsection (4)- (i) inserting after the words " a forest officer " the words ", a field officer "; (ii) inserting after the words " forest officer " (second occurring) the words ", field officer ". 11. Amendment of s. 24 . Powers of owner or occupier of entry, etc. Section 24 of the Principal Act is amended by omitting the words " or forest officer " and substituting the words " forest officer or field officer ". 12. Amendment of s. 28. Powers of Minister in fire emergency . Section 28 of the Principal Act is amended by in provision (d) (ii) of subsection (1) inserting after the words " forest officer," the words " field officer ". 13. Amendment of s. 34. Powers of first officer of bush fire brigade. Section 34 of the Principal Act is amended by in paragraph (b) omitting the words " take or give directions for taking " and substituting the words " transport or give directions for transporting ". 14. Amendment of s. 37. When forest officer of State Forest, etc., to have powers of first officer . Section 37 of the Principal Act is amended by omitting the words " National Park," where they twice occur. 15. Amendment of s. 41. Saving from liability in certain cases. Section 41 of the Principal Act is amended by- (a) in subsection (1) inserting after the words " forest officer," the words " field officer,"; (b) in subsection (2) inserting after the words " forest officer," the words " field officer,"; (c) omitting subsections (3) and (4) and substituting the following subsections:- (3) Where any officer of- (a) A bush fire brigade within the meaning of the Bush Fires Act, 1949 of New South Wales or any fire control officer appointed pursuant to that Act; (b) A C.F.S. fire brigade within the meaning of the Country Fires Act, 1976 of South Australia or any fire control officer appointed pursuant to that Act; or (c) A volunteer bush fire brigade within the meaning of the Bush Fires Act, 1980 of the Northern Territory or any regional fire control officer appointed pursuant to that Act, determines in good faith that in respect of either a rural fire burning within this State which may continue burning into his State or Territory or in respect of a rural fire burning in his State or Territory which may continue burning into this State it is necessary that he enter this State for the purpose of extinguishing that fire, any officer of that bush fire brigade, C.F.S. fire brigade or volunteer bush fire brigade, any fire control officer or regional fire control officer above referred to or any person

694 Rural Fires Act Amendment Act 1982, No. 42 under the control of either of such classes of officers shall, subject to subsection (4) be an authorized person for the purpose of this section so far as relates to the exercise in good faith by him at or in connexion with such fire of his powers, duties or obligations pursuant to the applicable one of those Acts. (4) An officer or other person referred to in subsection (3) extinguishing a rural fire whilst within Queensland shall obey any and every direction given him either generally or in a specific case by any inspector, forest officer, field officer, chief fire warden, fire warden or any officer of a bush fire brigade registered under this Act. (5) In this section, a reference to an Act of another State or of a Territory shall be construed as including a reference to that Act as amended and in force for the time being and to an Act passed in substitution for that Act.". 16. Amendment of s. 44 . Power of the Board to direct the taking of safety measures . Section 44 of the Principal Act is amended by in paragraph (c) (i) of subsection (1) omitting the word " inflammable " wherever it occurs and substituting in each case the word " flammable ". 17. Amendment of s. 46. Liability on owner or occupier failing to clear his own land . Section 46 of the Principal Act is amended by in subsection (I) omitting the word " inflammable " and substituting the word " flammable ". 18. Amendment of s. 47. Police, etc . may demand name and place of abode. Section 47 of the Principal Act is amended by- (a) in subsection (1) inserting after the words " and every forest officer " the words " and every field officer "; (b) in subsection (2)- (i) inserting after the words " or a forest officer " the words " or a field officer "; (ii) inserting after the words " or by such forest officer " the words ", or by such field officer "; (c) in subsection (4) inserting after the words " forest officer," the words " field officer,". 19. Amendment of s. 48. Offences. Section 48 of the Principal Act is amended by- (a) in provisions (b) and (c) of subsection (1) omitting the word inflammable " and substituting in each case the word " flammable "; (b) in provision (e) of subsection (1) omitting the words " or National Park " and substituting the words ", National Park, Environmental Park or fauna reserve "; (c) in provision (f) of subsection (I)- (i) inserting after the words " or forest officer " the words " or field officer ";

Rural Fires Act Amendment Act 1982, No. 42 695 (ii) inserting after the words " fire warden, forest officer," the words " field officer,". 20. Amendment of s. 49. When unauthorised rural fire a crime. Section 49 of the Principal Act is amended by omitting the word " inflammable " and substituting the word " flammable ". 21. Amendment of s. 52 . Deputy chief fire warden , etc. Section 52 of the Principal Act is amended by in subsection (2) inserting after the words " forest officer," the words " field officer ". 22. Amendment of s. 55. Section 55 of the Principal Act is amended by in subsection (1) inserting after the words "forest officer," the words " field officer,". 23. Amendment of s. 56. When proof of appointment of Board, etc., not necessary . Section 56 of the Principal Act is amended by- (a) in subsection (1) inserting after the words " forest officer," (twice occurring) the words " field officer,"; (b) in subsection (2) inserting after the words " or forest officer " the words ", or field officer "; (c) in subsection (6) inserting after the words " nearest forest officer " (twice occurring) the words ", nearest field officer ".