Rural Fires Act Amendment Act of 1951 (15 Geo Vi No. 18) (Qld)

FIRE. 15 GEO. VI. No. 18, 1951. Rural Fires Act Amendment Act. 77 FIRE. An Act to Amend "The Rural Fires Act of 1946," 15 N G o E . O I . S V . I. in certain particulars. THE RURAI. FIRES ACT AMENDMENT [ASSENTED TO 5TH APRIL, 1951.] ACT OF 1951. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Rural Fire8 Act Short title * A " mTenhdemReunrtaAl c F~ t . r o e f 8 1 A 9 c 5 t 1 o ," f 1an94d6s," hahlelrebien rreeafedrraesd otoneaswtihthe aconnds t ,rue t' wn. Principal Act. The Principal Act and this Act may be cited Collective collectively as " The Rural Fire8Act8, 1946to1951." title. 2. Section four of the Principal Act is amended- Amendments (i.) By repealing the definition of the term ofs. 4. " Adjoining" in that section and by inserting the following definition in lieu of that repealed definition, namely:- " " Adjoining "-Where used in conjunction with Adjoining. any land means that which lies near so as to touch in some part that land: Provided that lands shall be deemed to be adjoining notwithstanding that they may be separated by a road, except where the road is formed and metalled throughout to a width of more than twelve feet: Provided further that lands separated only by a watercourse shall also be deemed to be adjoining except where the watercourse contains throughout a body of water of more than twelve feet in width; " (ii.) By repealing in that section the definition of " Authorised" and by inserting the following definition in lieu of that repealed definition, namely:- " "Authorised person "-A person authorised Authorised under and in pursuance of this Act to exercise person. the power or authority or to perform the duty with respect to which the term is used ;". * 10 G. 6 No. 47.

78 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, Chief fire warden. (iii.) By inserting in that section the following definition after the definition of the term "Bush fire brigade" appearing therein, namely :- " "Chief fire warden "-The chief fire warden for the rural fire district appointed under and for the purposes of this Act; ". (iv.) By repealing in that section the definition of "Fire warden " and by inserting the following definition in lieu of that repealed definition, namely:- Fire warden. " "Fire warden "-The fire warden for the fire warden's district appointed under and for the purposes of this Act ; ". Fire warden's Iftstrict. (v.) By inserting in that section the following definition after the definition of the term "Fire warden", namely:- " "Fire warden's district "-A fire warden's district declared as such under this Act ; ". (vi.) By repealing in that section the definition of the term " Holding". Inspector. (vii.) By inserting in that section the following definition after the definition of the term " Inflammable material", namely :- " "Inspector "-The senior inspector or any other inspector appointed under and for the purposes of this Act ; ". (viii.) By repealing in that section the definition of " Land" and by inserting the following definition in lieu of that repealed definition, namely:- Land. " "Land "-Any land, whether held in fee-simple or under any tenure or subject to any trust under any Act relating to the alienation of Crown land: The term includes any reserve and any part of any land, and any buildings, crops, or property of any description situated on any land and any easement or right in, to, or over land;". (ix.) By inserting in. that section the following definitions after the definition of the term "National Park" appearing therein, namely:- Neighbour. " "Neighbour "-Used in conjunction with any land or the occupier of any land, means the occupier of any adjoining land;

FIRE. 79 1951. Rural Fires Act ·Amendment Act. " Occupier "-The person in actual occupation of Occupier. any land or, if no person is in actual occupation, the owner thereof: In the case of any State Forest or National Park or timber reserve, the term includes the forest officer in charge of that State Forest or National Park or timber reserve, as the case may be;" (x.) By repealing in the definition of the term " Owner" in that section the words" a holding" and by inserting, in lieu of those repealed words, the words " any land". . (xi.) By inserting in the definition of the term "Rural fire district" in that section the words "or declared or deemed to be constituted or declared as such by or" after the word " constituted ". (xii.) By inserting in the definition of the term "Special fire zone" in that section the words "or declared or deemed to be such by or" after the word " constituted". (xiii.) By repealing in the definition of the term "Timber reserve" in that section the words "Land Act" and by inserting, in lieu of those repealed words, the words "Land Acts". (xiv.) By adding to that section the following paragraphs, namely:- "Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act. " 3. Subsections two and three of section five of the Amendments Principal Act are repealed and the following subsections of s. 5. are inserted in lieu of those repealed subsections, namely:- "(2.) The Governor in Council may from time to R:ura:I fire time by Order in Council- distncts. (a) Constitute or declare parts of Queensland as rural fire districts ;

80 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, Fire wardens' districts. (b) Abolish, subdivide, or alter the boundaries of any rural fire district, or amalgamate any such rural fire districts or parts of such rural fire districts; and (c) If considered desirable assign a name to any such rural fire district and vary any such name. (3.) The Board may from time to time by notification published in the Gazette- (a) Declare an area or areas within any rural fire district or rural fire districts as a fire warden's district or fire wardens' districts; (b) Abolish, subdivide, or alter the boundaries of any fire warden's district, or amalgamate any such fire wardens' districts or parts of such fire wardens' districts; and (c) If considered desirable assign a name to any such fire warden's district and vary any such name." Amendments of 8.6. 4. Section six of the Principal Act is amended- (i.) By repealing subsection one of that section and by inserting the following subsection in lieu of that repealed subsection, namely;- Rural Fires " (1.) For the purposes of this Act there shall be Board. constituted a Board to be called "The Rural Fires Board" (in this Act referred to as the "Board") which shall have such functions, powers, authorities, duties, and responsibilities as are conferred or imposed, upon it by this Act." (ii.) By repealing subsection two of that section and by inserting the following subsection in lieu of that repealed subsection, namely;- Members. " (2.) The Board shall consist of- (a) A chairman; and (b) Six other members appointed as representing the interests affected by rural fires, appointed from time to time by the Governor in Council and each and everyone of whom shalt, subject to this Act, hold his office to which he is 'appointed for such a term, but not exceeding seven years, as is specified in his notification of appointment and be eligible for reappointment.

FIRE. 81 1951. Rural Fires Act Amendment Act. The Governor in Council may from time to time appoint one of the members, other than the chairman, of the Board to be deputy chairman of the Board. Every such appointee shall hold his appointment as deputy chairman at the pleasure of the Governor in Council and shall, while he holds such appointment and during any absence of or vacancy in the office of chairman, have and may exercise all the powers and auth9rities and shall perform all the duties of chairman of the Board." (iii.) By repealing in subsection three of that section the words" duties and responsibilities" and by inserting, in lieu of those repealed words, the word " functions". (iv.) By inserting in subsection five of that section the words, " whether generally or upon any extraordinary vacancy arising in the office of any member, the appointment of deputy members to act during the absence of members, and the cancellation or revocation of appointments and prescribing when such offices shall become vacant," after the words "members of the Board". (v.) By inserting in subsection seven of that section the words "with respect to each and every rural fire district" after the words "by virtue of his office shall have". 5. Section seven of the Principal Act is amended-Amendments of s. 7. (i.) By repealing in paragraph (i.) of that section the words "and responsibilities" where those repealed words appear twice and by inserting, in lieu of those repealed words, the words" functions, and authorities" ; and also by repealing in that paragraph (i.) the word " officer" and by inserting, in lieu of that repealed word, the word "person". (ii.) By adding to that section the following paragraphs, namely:- "(iv.) Subject to this Act, any power, function, or authority delegated under this section may, and any duty so delegated shall, be exercised by the delegate with respect to the matter or class of matters or generally or in the part of the State and subject to the terms and conditions, if any, as specified in the instrument of delegation.

82 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, (v.) The Board with the approval of the Minister may make such and so many delegations under this section and to such number of persons, as may be considered to be necessary or desirable." Amendment 6. In section eight of the Principal Act the words ofs.8. "the Board or the chairman or any member thereof" are repealed and the words "the chairman or any other member of the Board" are inserted in lieu of those repealed words. Amendments OfB.9. 7. Section nine of the Principal Act is amended- (i.) By repealing subsections one and two of that section and by inserting, in lieu of those repealed subsections, the following subsection, namely :- eOmffpicloeryseeasn. d Coun " c ( i 1 l . m ) a ( y a) frSoumbjteicmt etoto thtiims see-ction the Governor in (i.) By notification published in the Gazette appoint under and for the purposes of this Act a secretary to the Board, a senior inspector and such other inspectors, and such chief fire wardens, fire wardens, and other officers as he deems necessary for the effectual execution of this Act; and (ii.) Employ such employees as may be necessary for carrying out the provisions of this Act. (b) Nothing contained in this section shall prejudice or in any way affect the application of the provisions of *" The Public Service Acts, 1922 to 1950," and of the regulations thereunder, to any officer appointed or employee employed under and for the purposes of or for carrying out the provisions of this Act. Every appointment or employment which is not under the provisions of *" The Public Service Acts, 1922 to 1950," shall be on the recommendation of the Board and shall, subject to any relevant industrial award or agreement, be with such remuneration or wages and subject to such conditions as the Go.vernor in Council shall fix. * 13 G. 5 No. 31 and amending Acts.

FIRE. 83 1951. Rural Fires Act Amendment Act. Every officer and employee to whom the provisions of *" The Public Service Acts, 1922 to 1950," do not apply shall hold his office or employment, as the case may be, at the pleasure of the Governor in Council." (ii.) By renumbering subsection three of that section subsection two of that section. (iii.) By adding to that section the following subsections, namely:- " (3.) Without limiting the generality of the Appoint- provIS. I.Ons 0 f subsect'IOn one 0 f th' IS sectI'On any appOl.nt - hmoeldnetsrsoffor ment of chief fire warden or fire warden under that the time subsection may, if the Governor in Council deems ~ ~ : ~ Of necessary, be made by the appointment to be a chiefo~ ces to be fire warden or, as the case may be, fire warden of the ~ ~ : ! ! : or holder for the time being of an office under the Crown fire wardens. in right of this State, specifying that office but without naming the holder; and in every such case each successive holder of the office in question and each person w.ho for the time being occupies or performs the duties of that office shall, without further appointment or other authority and while he holds or occupies or performs the duties of that office, be a chief fire warden or fire warden, as the case may be, in terms of such appointment, and may hold both his office and such appointment in conjunction. The Governor in Council may at any time by notification published in the Gazette cancel any appoint- ment made in pursuance of this subsection. (4.) The Minister may, in writing, authorise any person to exercise all or any of the powers, authorities, or duties conferred or imposed by this Act upon any officer, and may revoke such authority." 8. In section ten of the Principal Act the words Amendment "A chief fire warden," are repealed and the words of s. 10. "The secretary to the Board,· the senior inspector, every other inspector, and every chief fire warden," are inserted in lieu of those repealed words. 9. In section twelve of the Principal Act the words Amendment "to rural fire districts from time to time constituted of s. 12. under this Act" are repealed and the words "within any and every rural fire district" are inserted in lieu of those repealed words. * 13 G. 5 No. 31 and amending Acts.

84 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, Repeal of 10. Section thirteen of the Principal Act is repealed s a . n1d3n. ew and the following section is inserted in lieu of that repealed section, namely:- Lighting:fues "[13.] (1.) No person shall light or suffer, cause, or foofrbpuurrnpionsge permit to be lit a fire on any land or on any part of any off or land for the purpose of, or which is likely to have the cvleegaertiantgion, effect of, burning off or clearing vegetation on or from &0. that land or part, or for any like purpose, unless- (i.) (a) (Subject to any variation to this subparagraph by a notification in force under subsection two of this section) he has delivered or caused to be delivered to the fire warden and to each and every neighbour, not less than fourteen days before lighting the fire, notice in the prescribed form, or a form to the like effect, of his intention to light a fire within twenty-eight days after the delivery of such notice and specifying the purpose of such fire and identifying the land or part of the land on which such fire is to be lit, and such fire is lit in accordance with that notice; and (b) He has delivered or caused to be delivered to the fire warden with the notice to the fire warden referred to in subparagraph (a) of this paragraph, or as varied by a notification in force under subsection two of this section, advice in writing of the precautions he intends to take against the spread of fire from that land or part and the number of persons he will have available under his direction to control the fire; and (c) (Subject to any variation to this subparagraph by a notification in force under subsection two of this section) he has, where practicable, notified the fire warden and each and every neighbour of his intention to light the fire not more than twelve hours or less than two hours before lighting the fire; and

FIRE. 1951. Rural Fires Act Amendment Act. (d) He has observed such precautions as may be prescribed and, in so far as not prescribed, as the fire warden may require to be observed by him with respect to the fire; or (ii.) Such fire is lit under and in accordance with the authority of a permit in force issued by the fire warden under subsection three of this section : Provided that notices under subparagraphs (a) and (c) of this subsection need not be given to any neighbour whose nearest boundary is more than one mile from the part of the land on which the fire is to be lit and where a firebreak approved by the fire warden surrounds such part. (2.) The Minister may from time to time, by a notification published in the Gazette, vary, either generally or with respect to such locality or localities or lands as he may specify in such notification, all or any of the provisions of subparagraphs (a), (b), and (c) of subsection one of this section, and thereupon for the purposes of this Act the provisions of the subparagraph or subparagraphs as so varied shall apply and have force accordingly. The Minister may in like manner cancel any notification made under this subsection or made under section thirteen of this Act prior to the passing of" *The Rural Fires Act Amendment Act of 1951," and thereupon the variation or variations which were made by that cancelled notification shall cease to have force and effect. (3.) Any person who desires to light a fire on any land or on any part of any land for the purpose of, or which is likely to have the effect of, burning off or clearing vegetation on or from that land or part, or for any like purpose, and who has obtained the consent in writing of each and every neighbour to his lighting the fire on that land or part for that purpose, may, instead of complying with the provisions of subparagraphs (a), (b), (c), and (d) of subsection one of this section, make application in the prescribed form, or a form to the like effect, to the fire warden for the issue to him of a permit under this subsection authorising him to light the fire on that land or part for that purpose. * This Act. 85

86 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, The consent in writing of each and every neighbour shall be attached to such application to the fire warden. Upon receipt of an application with the neighbours' consents attached thereto the fire warden may, in his discretion, issue a permit in respect of such period and subject to such conditions as he thinks fit. The conditions subject to which a permit is issued under this subsection shall be specified in such permit and may include a condition that not less than two hours notice of the lighting of the fire shall be given by the permittee to each and every neighbour. A permit issued under this subsection shall only give authority for the lighting of a fire on the land or part of land and for the purpose and in accordance with the conditions specified therein and shall only be in force and give authority for the period therein stated : Provided that any such permit may, by notice in writing given to the permittee, be cancelled by the fire warden in his discretion at any time before the time when the fire may be lit under the authority of that permit, in which event that permit shall cease to be in force and to give authority. (4.) In this section the term " fire warden " means the fire warden for any fire warden's district wherein the fire is to be lit, or, if there is no such fire warden appointed or available or if the fire is not to be lit within a fire warden's district, then the chief fire warden for any rural fire district wherein the fire is to be lit. (5.) The provisions 6f this section do not apply to or with respect to land or any part of any land within a special fire zone constituted by subsection two of section nineteen of this Act when such special fire zone has within its boundaries a State Forest, National Park, or timber reserve, or part thereof." Amendments 11. Section fourteen of the Principal Act is of s. 14. amended- ' (i.) By repealing in that section the words "the chief fire warden" and by inserting, in lieu of those repealed words, the words" the fire warden for any fire warden's district or the chief fire warden for any rural fire district wherein the fire is to be or is likely to be lit".

1951. FIRE. Rural Fires Act Amendment Act. 87 (ii.) By inserting in that section after the words " also varied such period of four clear days" the words ", the Minister being hereby authorised to vary from time to time this period of four clear days accordingly and to cancel any such variation". (iii.) By repealing in that section the words "the expiration of the notice" and by inserting, in lieu of those repealed words, the words " the earliest time when the fire may be lit under that notice ". (iv.) By adding the following words to that section, namely:- " and then only in accordance with any decision allowing the burning." (v.) By adding the following paragraph to that section, namely :- " Every request for prohibition lodged with a fire warden shall be referred to the chief fire warden for any rural fire district wherein the fire is to be or is likely to be lit." 12. In section fifteen of the Principal Act the Amendment words "both the person intending to burn and the of B. 15. person objecting to burning" are repealed and the words "the person intending to burn, the person objecting to burning, and every fire warden concerned, if any" are inserted in lieu of those repealed words. 13. Section sixteen of the Principal Act is Amendments amended- OfB.16. (i.) By inserting in subsection one of that section the words "for any rural fire district wherein a fire is to be lit" after the words " the chief fire warden." (ii.) By repealing in subsection one of that section the words " the expiration of the notice of intention to burn " and by inserting, in lieu of those repealed words, the words "the earliest time when the fire may be lit under the notice of intention to light the fire given to the fire warden under section thirteen of this Act." (iii.) By adding to subsection one of that section the following words, namely:- "nor prevent the chief fire warden for any rural fire district concerned, in his absolute discretion and at any time, ordering that an application for the issue of a

88 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, permit under subsection three of section thirteen of this Act be refused or that a permit issued under that subsection be cancelled." (iv.) By repealing in subsection two of that section the words " the chief fire warden " and by inserting, in lieu of those repealed words, the words " any chief fire warden ". Amendment 14. In section eighteen of the Principal Act the of s. 18. words " as from the first day of July in any year until the thirty-first day of January next following" are repealed and the words "only during that period of time commencing on and including the first day of July in any and every year and terminating on and including the last day of February next following" are inserted in lieu of those repealed words. Amendments 15. Section nineteen of the Principal Act is ofs.19. amended- (i.) By repealing subsection one of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely ;- Special fire "(1.) The Governor in Council may from time to zones. time by Order in Council- (a) Constitute or declare areas to be special fire zones; (b) Abolish, subdivide, or alter the boundaries of any special fire zone, or amalgamate any such special fire zones or parts of such special fire zones ; and (c) If considered desirable assign a name to any such special fire zone and vary any such name." (ii.) By adding to that section the following subsection, namely :- " (3.) Any and every special fire zone or part thereof which is not within a rural fire district shall without any declaration by Order in Council be deemed to be constituted a rural fire district for the purposes of this Act."

1951. FIRE. Rural Fires Act Amendment Act. 89 16. In section twenty of the Principal Act the Amendment words "In any special fire zone or zones the Minister of s. 20. may, by notification in the Gazette, forbid" are repealed and the words "The Minister may from time to time, by notification published in the Gazette, forbid in any special fire zone or special fire zones or in any such other area or areas as he may specify in such notification " are inserted in lieu of those repealed words. 17. Section twenty-two of the Principal Act is Repeal of repealed and the following section is inserted in lieu .of ~~ new s. that repealed section, namely:- " [22.] (1.) Where the fire warden for a fire warden's Powers of district is of the opinion that a fire burning in a special : as; : ~ ns fire zone on any land or part of any land within or partly fire zones. within that fire warden's district constitutes a fire danger he may order the occupier of that land to take or he may himself take all such steps as he considers necessary to extinguish the fire or he may notwith- standing 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. (2.) Where a fire warden having directed an order to an occupier in pursuance of this section has taken, by reason of the failure or refusal of the occupier to comply with that order, any steps which the occupier had been ordered to take to extinguish the fire the subject of the order, then that fire warden may re-cover in any court of competent jurisdiction from the occupier any reasonable expenses incurred by him in taking such steps, whether the occupier is prosecuted for failing or refusing to comply with that order or not." 18. Section twenty-three of the Principal Act is Repeal of repealed and the following section is inserted in lieu of ~ ~ 3~ ew that repealed section, namely :- "[23.] (1.) The provisions of this section shall Ligh~ ing apply only to and with respect to land and any part of~ : : a: . land within a special fire zone constituted by subsection special fire two of section nineteen of this Act when such special fire zones. zone has within its boundaries any State Forest, National Park, or timher reserve, or part thereof.

90 FIRE. Rttral Jilires Act Amendment Act. 15 GEO. VI. No. 18, (2.) No person shall light or suffer, cause, or permit to be lit a fire on any land or on any part of any land for the purpose of, or which is likely to have the effect of, burning off or clearing vegetation on or from that land or part, or for any like purpose, unless- (a) He has delivered or 'caused to be delivered to each and every neighbour, not less than fourteen days before lighting the fire, notice in the prescribed form, or a form to the like effect, of his intention to light a fire within twenty-eight days after the delivery of such notice and specifying the purpose of such fire and identifying the land or part on which such fire is to be lit and such fire is lit in accordance with that notice, or he has obtained the consent in writing of each and every neighbour to his lighting the fire on that land or part for that purpose; and (b) Such fire is lit under and in accordance with the authority of a permit in force issued by the fire warden under subsection three of this section. (3.) Any person who desires to light a fire on any land or on any part of any land for the purpose of, or which is likely to have the effect of, burning off or clearing vegetation on or from that land or part, or for any like purpose, shall make application in the prescribed form, or a form to the like effect, to the fire warden for the issue to him of a permit under this subsection authorising him to light the fire on that land or part for that purpose. Upon receipt of an application the fire warden may in his discretion, issue a permit in respect of such period and subject to such conditions as he thinks fit. The conditions subject to which a permit is issued under this subsection shall be specified in such permit and may include a condition that not less than two hours notice of the lighting of the fire shall be given by the permittee to each and every neighbour. A permit issued under this subsection shall only give authority for the lighting of a fire on the land or part of land and for the purpose and in accordance with the conditions specified therein and shall only be in force and give authority for the period therein stated:

1951. FIRE. Rural Fires Act Amendment Act. 91 Provided that any such permit may, by notice in writing given to the permittee, be cancelled by the fire warden in his discretion at any time before the time when the fire may be lit under the authority of that permit, in which event that permit shall cease to be in .force and to give authority. A copy of every permit issued under this subsection by any forest officer shall be forwarded by him to the chief fire warden of every rural fire district in which the fire the subject of that permit is to be lit. (4.) Any fire warden who has issued a permit under subsection three of this section or any forest officer having authority in respect of any State Forest, National Park, or timber reserve which or any part of which lies within the boundaries of the special fire zone wherein the fire the subject of that permit is to be or is lit may, without prejudice to his powers under this or any other Act or any regulations thereunder, and notwithstanding anything to the contrary contained in this Act or such permit, take control of the operations with respect to which that permit is issued or render to the permittee such assistance therein as he thinks fit. (5.) In this section the term "the fire warden" means the forest officer having authority in respect of any State Forest, National Park, or timber reserve which or any part of which lies within the boundaries of the special fire zone wherein the fire in question is to be or is lit, or, if there is no such forest officer appointed or available, the fire warden for any fire warden's district wherein the fire is to be lit, or, where there is no such fire warden appointed or available or if the fire is not to be lit within a fire warden's district, then the chief fire warden for any rural fire district wherein the fire is to be lit." 19. In section twenty-four of the Principal Act Amendment the words "the fire warden" are repealed and the of B. 24. words "a fire warden" are inserted in lieu of those repealed words where such words firstly occur therein. 20. In section twenty-five of the Principal Act the Amendment words " for any rural fire district in which the fire hazard of B. 25. is created" are inserted after the words" the chief fire warden " where slich words first occur therein.

92 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, A of m s. e 2 n 8 dm . ents ame 2 n 1 de . dS- ection twenty-eight of the Principal Act is (i.) By repealing in paragraphs (ii.) and (iii.) respectively of subparagraph (3) of that section the words " the fire warden or forest officer or police officer or to the Board" and by inserting, in lieu of those repealed words, the words "any fire warden or forest officer or member of the Police Force, whoever is the nearest". (ii.) By adding to subparagraph (4) of that section the words" or fire prevention". Amendment 22. In subsection two of section twenty-nine of the of s. 29 (2). Principal Act the word "twenty-six" is repealed and the word "twenty-eight" is inserted in lieu of that repealed word. A of m s. en 3 d 3 m . ents ame2nd 3 e . dS- ection thirty-three of the Principal Act is (i.) By inserting the following subsection one before paragraph (i.) in that section, namely:- B~ sh fire "(1.) A bush fire brigade with the approval of the : ~~ ~d:UI:~Y Board may make rules under and subject to this Act for the purpose of regulating its proceedings, and the conduct of its operations. Without limiting the powers of a bush fire brigade in that behalf a bush fire brigade may make rules for all or any of the following purposes, namely :- (a) The defining of the duties of officers and other members of the bush fire brigade; (b) The maintenance of the equipment of the bush fire brigade; (c) The acquisition, vesting, and disposal of property, including the funds, of the bush fire brigade; and (d) Any other purpose that may be prescribed. A bush fire brigade may at any time by a further rule amend or repeal any rule made under this subsection. Every rule made under this subsection shall be submitted to the Board for approval and shall have no force or effect unless and until it is approved by the Board." . (ii.) By renumbering paragraphs (i.), (ii.), and (iii.) of that section paragraphs (i.), (ii.), and (iii.) respectively of subsection two of that section.

FIRE. 93 1951. Rural Fires Act Amendment Act. 24. Paragraph (ii.) of section thirty-five of the ~ me~ ~ ment Principal Act is repealed and the following paragraph is 0 s. . inserted in lieu of that repealed paragraph, namely :- " (ii.) Any inspector and any authorised person, and with respect to his rural fire district or fire warden's district, as the case may be, a chief fire warden and a fire warden shall, subject to and for the purposes of this Act, have all the powers and authorities of the first officer of a bush fire brigade under this Act, and for the purposes of this Act any body of men operating under this Act under the direction and control of an inspector or authorised person or chief fire warden or fire warden shall with respect to such operations be deemed to be a bush fire brigade registered under this Act." repea 2 le 5 d . aSnedctitohne ftohlliortwyi-nsgixseoctfiontheis iPnrsienrcteipdalin A I icetu 0 isf saR. ne 3 dp 6 ne . aelwof that repealed section, namely:- " [ ( 3 a 6 ) .] WShuebrjeecatnto.Intshpiesc.tAorc I t S - present at a bush fire I ~ on o rs n cp t h r e o ice l tfowr hen he (or if more than one inspector is present %,e warden i then the senior inspector) shall have supreme c., presen. charge of all operations in relation to the control of that fire; (b) Where the chief fire warden of a rural fire district in which the bush fire is burning is present at that fire and no inspector is present, then with respect to his rural fire district, the chief fire warden shall have supreme charge of all operations as aforesaid: Provided that the inspector or' chief fire warden who in pursuance of this section has supreme charge of all or any operations in relation to the control of a bush fire may delegate to any person competent and willing such charge in which event the person to whom that delegation is made shall have supreme charge of such operations." 26. Section forty of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that :~to~ew repealed section, namely:- " [40.] A bush fire brigade may operate outside ofB~ shfire its district and within or without another bush fire ~ ; : r~ ~ g brigade district if the first officer of the bush fire ~ > ut8~ de ?f brl· gade· IS 0 f the Op.In.IOn t hat a bush fire burm· ng out SI 'de Its dIstrIct.

94 l<-'IRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, his district is likely to spread to his district or if requested to so operate by any inspector, chief fire warden, fire warden, or member of the Police Force, or by the chief officer of any fire brigade, or, in the case of another bush fire brigade district, if requested to so operate by the first officer of the bush fire brigade in that other district. Subject to this Act, a bush fire brigade operating outside of its district and within another bush fire brigade district shall be subject to the direction and control of the first officer of the bush fire brigade for the district in which jt is operating." Amendment 27. In section forty-four of the Principal Act the ofs.44. words "an officer" are repealed and the words "any person " are inserted in lieu of those repealed words. Amendments 28. Section forty-seven of the Principal Act IS ofs.47. amended- (i.) By inserting in subsection one of that section the words " and every fire warden and every inspector " after the words " every chief fire warden." (ii.) By repealing in subsection one of that section the words "or committing any breach of a regulation made under this Act,". (iii.) By inserting in subsection two of that section the words " fails or " after the words " Any such person who"; and by inserting in that subsection the words " or a fire warden,. or an inspector " after the words " or by a chief fire warden,"; and also by inserting in that subsection the words "or by such fire warden, or by such inspector" after the words " or by such chief fire warden,". (iv.) By inserting in subsection three of that section the words" fails or" after the words" in contravention of this section ". Amendments 29. Section forty-eight of the Principal Act is of s. 48. amended- (i.) By repealing in subparagraph (c) of that section the words" , or lights or maintains any fire."

FIRE. 1951. Rural Fires Act Amendment Act. (ii.) By repealing subparagraph (f) of that section and by inserting the following subparagraph in ~ ieu of that repealed subparagraph, namely :- "(f) Fails or refuses, without reasonable cause proof of which shall lie upon such person, to comply with any lawful order, requisition, requirement, or direction or prohibition issued, made or given under this Act by the Minister, or by the Board, or by any inspector or chief fire warden or fire warden or forest officer or member of the Police Force or other person, or who assaults, obstructs, threatens, or intimidates, or uses any abusive language to, any inspector, chief fire warden, fire warden, forest officer, member of the Police Force, or other person in the exercise of his powers or in the discharge of his duties under this Act or attempts so to do ; " (ill.) By repealing subparagraph (h) of that section and by inserting the following subparagraph in lieu of that repealed subparagraph, namely:- " (h) When required by this Act to give to any person a notification of his intention to light a fire fails to give that notification; " (iv.) By inserting in subparagraph (i) of that section the words" or permit" after the words" on any order" . (v.) By inserting in subparagraph (j) of that section the words" or in any other area specified by a notification published in the Gazette under section twenty of this Act " after the words " In any special fire zone ". (vi.) By inserting the following subparagraph (k) in that section after subparagraph (j) thereof, namely:- " (k) Wilfully .furnishes any false or misleading information or makes any false or misleading statement in or with respect to any notifica- tion, declaration, statement, or application given or made or purporting to be given or made in pursuance of this Act,". 30. Section fifty of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that a.n:onew repealed section, namely :_ s. . " [50.] (1.) Any person who contravenes or fails to General comply with any provision of this Act shall be guilty of penalty, &c. an oifenceagainst this Act.

96 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, (2.) Where by this Act any penalty is imposed or authorised to be imposed in respect of any matter then any person liable to that penalty or to the imposition of that penalty shall be guilty of an offence against this Act. (3.) Any person guilty of an offence against this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding fifty pounds, and if that offence has been committed in a fire emergency district, to a penalty not exceeding one hundred pounds." oAfms. e5n1d.ment fifty - 3 on 1 e . oSfuthbepaPrraignrcaipphal A (a c ) t ios fretpheealepdroavnidsothetofolsleocwtiinogn subparagraph (a) is inserted in lieu of that repealed subparagraph, namely :- " (a) (Where section thirteen or section twenty- three of this Act is applicable) observed the provisions of the applicable section; ". saR. ne5dp2en. aelwof and 3 th 2 e . Sfoelcltoiwoninfgiftyse-tcwtioonofitsheinPsreirntceidpailnAcliteius roepf etahleadt repealed section, namely :- Deputy chief " [52.] If at any time a chief fire warden or fire f & ir c e . warden, warden is unable from any cause to exercise his powers and authorities and discharge his duties under this Act for any period he may appoint any person to act as his deputy during that period, and that deputy shall, while he so acts, have the powers and authorities and shall perform the duties of a chief fire warden or fire warden according to whose deputy he is : Provided that this section shall not apply in a case where a chief fire warden or fire warden is such by virtue of an appointment made in pursuance of subsection three of section nine of this Act : Provided further that any deputy appointed under this section shall cease to have the powers and authorities and shall not perform the duties in pursuance of this section if any other person commences to exercise those powers and authorities and to discharge those duties by virtue of his appointment to be chief fire warden or fire warden, as the case may be, under section nine of this Act." Amendments 33. Section fifty-five of the Principal Act is of s. 55. amended- (i.) By repealing in subsection one of that section the words" or by any fire warden, forest officer, member of the police force, or any authorised officer" and by

FIRE. 97 1951. Rural Fires Act Amendment Act. inserting, in lieu of those repealed words, the words " or by any inspector, chief fire warden, fire warden, forest officer, member of the Police Force, or any person authorised by the Board: Provided that nothing in this subsection shall require the laying of a complaint against any person who is arrested in pursuance of this Act." (ii.) By repealing subsection two of that section and by inserting the following subsection in lieu of that repealed subsection, namely:- "(2.) Proceedings for an offence against this Act ?'im:e f~ r may be I.nst·Itut ed at any t· Ime WI· th· In t we1ve months mofsptlrtouctleOedn- after the commission of the offence or within four months ings. after the offence was discovered, whichever is the later period." 34. Subsection one of section fifty-six of the Afmen: ( ~ ) ts Principal Act is amended- 0 s. . (i.) By repealing in that subsection the words "the appointment of. any Board or member thereof" and by inserting, in lieu of those repealed words, the words "the constitution of the Board nor the appointment of any member thereof, or of any inspector ". (ii.) By repealing in that subsection the words " of any such Board or member thereof" and by inserting, in lieu of those repealed words, the words " of the Board or any member thereof, or of any inspector". (ill.) By repealing in that subsection the words " authorised officer" and by inserting, in lieu of those repealed words, the words" authorised person" where such words twice occur therein. (iv.) By repealing in that subsection the words "officer of police" and by inserting, in lieu of those repealed words, the words "member of the Police Force" where such words twice occur therein. 3 5. The following subsection is added to section NeW' B. 56 (3). fifty-six of the Principal Act, namely :- " (3. ) Judicial notice shall be taken of every notification published in the Gazette under and in pursuance of this Act." D

98 FIRE. Rural Fires Act Amendment Act. 15 GEO. VI. No. 18, 1951. ! f! ~ ~~ ent8 36. Section fifty-eight of the Principal Act is amended- (i.) By adding to subsection one of that section the words "and, without limiting the generality of the foregoing provisions of this subsection, for or with respect to prescribing all matters and things which are by this Act permitted or required to be prescribed." (ii.) By inserting in the first paragraph of subsection five of that section the words "and all notifications published in the Gazette under and pursuant to subsection two of section thirteen of this Act" after the word "regulations". (iii.) By inserting in the second paragraph of subsection five of that section the words" or notification" after the words "or regulation" wherever such words appear therein. Savings. 37. Nothing in this Act shall prejudice or affect-- (i.) The appointment of any officer or the employment of any employee under the Principal Act prior to and subsisting at the commencement of this Act and every such appointment and employment shall continue subject to *"The Rural Fires Acts, 1946 to 1951"; (ii.) The appointment of the Rural Fires Board under and pursuant to the Principal Act and for the purposes of *" The Rural Fires Acts, 1946 to 1951," such Board shall be deemed to be constituted under and pursuant to those Acts; (iii.) The appointment of the chairman or of any other member or of any deputy member of the Rural Fires Board prior to and subsisting at the commencement of this Act and every such appointment shall continue subject to the terms thereof and to *" The Rural Fires Acts, 1946 to 1951 " ; (iv.) Any notification published in the Gazette under and pursuant to the Principal Act in force at the commencement of this Act and for the purposes of *" The Rural Fires Acts, 1946 to 1951," every such notification shall continue in force under and subject to those Acts; * 10 G. 6 No. 47 and amending Act.

FIRE-FISHERIES. 15 GEO. VI. No. 7, 1951. Fish Supply Management, Etc., Act. (v.) The constitution or declaration or notification by or under the Principal Act of any rural fire district, fire warden's district, special fire zone, or any other area subsisting at the commencement of this Act and every such rural fire district, fire warden's district, special fire zone, and other area shall be deemed to have been constituted or declared or notified, as the case requires, under and for the purposes of *" The Rural Fires Acts, 1946 to 1951." 99 FISHERIES. An Act to Amend "The Fish Supply Management 15 GEO. VI. No. 7 Acts, 1935 to 1946," in certain particulars. FISH T S H U E PPLY MANAGEMENT [ASSENTED TO 30TH MARCH, 1951.] AMEANCDTMSENT B AOTOI!' E it enacted by the King's Most Excellent Majesty, 1951. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Fish Supply Short title Management Acts Amendment Act of 1951," and shall be and t t' read as one with t" The Fish Supply Management Acts, cons ruc Ion. 1935 to 1946," herein referred to as the Principal Aot. (2.) The Principal Act and this Act may be Collective collectively cited as "The Fish Supply Management title. Acts, 1935 to 1951." t(3.) Except as herein otherwise provided, this Actcommence- shall come into operation on a date to be fixed by the ment of Act. Governor in Qouncil by Proclamation published in the Gazette. 2. Section three of the Principal Act is amended- Amendments (i.) By repealing the definition of the term " Depot" of s. 3. in that section and by inserting the following definition in lieu of that repealed definition, namely :- " "Depot "-A depot established under this Act Depot. in any district for the receiving of fish required by this Act.to be brought to that depot; ". * 10 G. 6 No. 47 and amending Act. t 26 G. 5No. 33 and amending Acts. . t Commenced on 7th May, 1951. (See Proclamation published in Gazette of 5th May, 1951, p. 23.)