Rural Fires Act of 1946 (10 Geo Vi No. 47) (Qld)

52 FIRE. Rural Fires Act. 10 GEO. VI. No. 47, FIRE. 10NOoE.O4. 7V. I. An Act to Consolidate and Amend the Law relating THE RURAL FIRES to the Prevention and Control of Rural A 1 C 9 T 46 O . F Fires and for purposes incidental thereto and consequent thereon. [ASSENTED TO 5TH DECEMBER, 1946.] 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;- PART 1.- PRELUUNARY. PART I.-PRELIMINARY. Short title. 1. (1.) This Act may be cited as "The Rural Fires Act of 1946." Commence- (2.) Except as otherwise provided this Act shall mehtofAct. come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. Such date is hereinafter referred to as the commencement of this Act. Repeal of 18 Geo. V. No. 15. Savings. 2. Subject to the provisions hereinafter in this section contained, *" The Rural Fires Act of 1927" (as amended by t" The Financial Emergency Act of 1931 ") is repealed (hereinafter referred to as the repealed Act): Provided that, without prejudice to t" The Acts Shortening Acts "- (i.) Every Proclamation, Order in Council, regula- tion, notification, permit, order, or consent made, issued, or given under or in pursuance of the repealed Act and in force at the commencement of this Act, shall, subject to the proviso to this paragraph, continue in force until the same is revoked, cancelled, or amended under this Act or expires: Provided that every such Proclamation, Order in Council, regulation, notification, permit, order, or consent shall, on and from the commencement of this Act, operate and have effect subject to this Act. ... 18 G. 5 No. 15. t 22 G. 5 No. 1. t 31 V. No. 6 and amending Acts.

]946. FIRE. Rural Fires Act. 53 PART 1.- PRELHIINARY. (n.) All actions and proceedings commenced and not concluded before, or pending at, the commencement of this Act under or in pursuance of the repealed Act may be instituted or carried on and prosecuted, and no such action or proceeding shall abate or be dis- continued or be prejudicially affected by the repeal of the repealed Act. (iii.) All penalties and forfeitures imposed under the repealed Act and incurred prior to the commence- ment of this Act shall be enforceable and may be enforced as if this Act had not come into operation. (iv.) All officers appointed under the repealed Act and holding office at the commencement of this Act shall be deemed to have been appointed under this Act. 3. This Act is divided into parts as follows ; - Parts of Act. PART I.-PRELIMINARY; PART H.-ADMINISTRATION; PART IlL-CONTROL AND PREVENTION OF RURAL FIRES; PART IV.-SPECIAL EMERGENCY PROVISIONS; PART V.-BuSH FIRE BRIGADES; PART VL-GENERAL. 4. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them tion. respectively, that is to say- " Adjoining"--Lands or buildings shall be deemed Adjoining. to be adjoining notwithstanding that they may be separated by a road, except where the road is formed and metalled to a width of more than twelve feet; " Authorised "-Used with respect to officers and Authorised. other persons authorised by the Minister or by some officer to whom the Minister has delegated the power of authorisation either generally or for any particular purpose under and pursuant to this Act: If such power of authorisation is delegated by the Minister to the Board, the term means also" authorised by the Board" ;

54 PART I.- PRELIMINARY. Board. Bush fire brigade. Fire brigade. Fire warden. Forest officer. Holding. InfIft.IIlIIlable material. Land. Land Acts. Land Corn· missioner. Light. Local Authority. Local Government Acts. FIRE. Rural Fires Act. 10 GEO. VI. No. 47, " Board "-The Rural Fires Board constituted under this Act: the term where necessary means and includes the chairman or any member thereof; "Bush fire brigade "-A bush fire brigade registered under this Act ; " Fire brigade "-A fire brigade constituted under *" The Fire Brigades Acts, 1920 to 1923," or any Act amending or in substitution of the same; " Fire warden "-A fire warden appointed under this Act: the term includes a chief fire warden; " Forest officer "-A forest officer appointed under tOO The State Fore.sts and National Parks Act8, 1906 to 19·41 " ; " Holding "-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; " Inflammable material "-Includes stubble, slash, scrub, timber, or matter liable to be consumed by fire ; " Land "-Includes all crops, buildings, or property of any description situated thereon; "Land Acts "·-t" The Land Acts, 1910 to 1946" (or any Act amending or in substitution of the same) ; "Land Commissioner"-A Land Commissioner appointed under the Land Acts; " Light "-Cause ignition or combustion; "Local Authority "-A Local Authority con- stituted under the Local Government Acts: the term also includes Brisbane City Council ; "Local Government Acts "-§" The Local Govern- ment Acts, 1936 to 1945 " (and any Act amend- ing or in substitution of the same): the term also includes Il" The City of Brisbane Acts, 1924 to 1945" (or any Act amending or in substitution of the same) ; * 10 G. 5 No. 23 and amending Acts. t 6 E. 7 No. 20 and amending Acts. t 1 G. 5 No. 15 and amending Acts. § 1 G. 6 No. 1 and amending Acts. !115 G. 5 No. 32 and amending Acts.

1946. FIRE. Ru,ml Fires Act. 55 PART 1.- PRELIMINARY. " Minister "-The Secretary for Public Lands or Minister. other Minister of the Crown charged for the time being with the administration of this Act; "National Park "-Land permanently reserved National and declared to be a national park under Park. *" The State Forests and National Parks Acts, 1906 to 1941 " ; " Owner "-The person for the time being entitled Owner. to possession of a holding; " Person "-Includes any company, corporation, Person. partnership, firm, body of persons corporate or unincorporate, or any individual person; " Prescribed "-Prescribed by this Act; Prescribed. "Rural fire district "-A rural fire district Rural fire constituted under this Act; , district. " Scrub "-Includes inflammable trees, bushes, Scrub. plants, and undergrowth of all kinds and sizes, whether alive or dead, and whether standing or not standing, and also includes any parts of any trees, bushes, plants, or underwood, and whether severed therefrom or not so severed, but does not include trees of such kinds or sizes as the Governor in Council, by Proclamation published in the Gazette, declares not to be scrub within the meaning of this Act; "Special fire zone "-A special fire zone con- Specialfire stituted under this Act; zone. "State Forest "-Land permanently reserved State and declared to be a State forest under *" The Forest. State Forests and National Parks Acts, 1906 to 1941 " ; " Stubble "-Includes inflammable stubble, slash, Stubble. hay, straw, grass, and herbage, whether alive or not alive, and whether standing or not standing; "This Act "-This Act and all Proclamations, This Act. Orders in Council, notifications, and regula- tions made thereunder; " Timber "-Includes trees when they have fallen Timber. or have been felled, and whether sawn, hewn, split, or otherwise; * 6 E. 7 No. 20 and amending Acts.

56 PART 1.- PRELIMI~ ARY. Timber reserve. FIRE. Rural Pires Act. 10 GEO. VI. No. 47, ---------- - - - - - - - - - - - - - - - - - - ~ " Timber reserve "-Land reserved as a timber reserve under the Land Act or any other Act; Tree. Vegetation. " Tree "-Includes timber trees, and trees, shrubs, and bushes, seedlings, saplings, and reshoots of all kinds and of all ages; " Vegetation "-Includes any vegetable growth or part thereof whether alive or dead. oAfpAplcitc. ation vided 5. th (1 is .) AExctcesphtalals atopptlhye tchoronutrgahroyuht ertehienaSfttearteproo- f Queensland. dCoifostnrrusicrtiattslu. tfiioren time (2b. y) OThrdeerGionveCronuonrciiln coCnosutnitcuilte moar ydefcrloamre atirmeaes toof the State as rural fire districts. The Governor in Council may in like manner alter the boundaries of any such district or may abolish such district. Fire warden's districts. (3.) The Board may, by notification in the Gazette, declare an area or areas within a rural fire district or districts to be a fire warden's district or districts. PART II.- ADMINISTRA- TION. PART n.-ADMINISTRATION. mRAupernpaotlionFfti- res a ter 6 m . n (1 o . t ) eTxhceeeGdionvgersneovreninyeCarosunaciRl umraaly FairpepsoiBnot afrodr, Board. hereinafter referred to as "the Board." Members. (2.) Such Board shall consist of a chairman and not more than six members representative of the interests affected by rural fires. rDbeisulipttiioeensss. ai-nd shall(b3. ) e- The duties and responsibilities of the Board (a) To administer this Act subject to the Minister; (b) To carry out such fire prevention, protection, and extinguishment works and works incidental thereto as the Board may deem necessary; (c) To carry out investigational work into the use of fire in rural areas; to instruct the public in its wise use and to disseminate information regarding fire protection measures, and matters incidental thereto;

1946. FIRE. Rural Fires Act. 57 PARTII.- ADMINISTRA· TION. (d) To collect and record information or statistics regarding outbreaks of bush fire or other matters relating thereto; (e) To perform and undertake such powers, duties, and responsibilities as may be delegated by the Minister to such Board or as may be prescribed. (4.) The Board shall meet at such times as may be Meetings. considered necessary by the Board or as may be prescribed. (5.) Regulations may be made governing the appoint- Regulations. ment of members of the Board and governing and regulating the meetings, proceedings, and conduot of the business of the Board. (6.) The Board, as soon as may be after the thirtieth ~ ;~ ? ~! s~; a. day of June in every year, shall submit to the Minister tion. a report on the administration of this Act, covering the preceding twelve months, and shall also, if the Board so may decide or if directed by the Minister so to do, subjoin a plan of rural fire control and protection for the ensuing twelve months. (7.) Each member of the Board by. virtue o.f ~ is i! ~ ~ ~ ; ~ ~ ~ rs office shall have all the powers, authontIes, and Juns- of chief fire diction of a chief fire warden under this Act. warden. 7. (i.) For the purpose of carrying out the objects ~ el~ gati~ n and purposes of this Act and its powers, duties, and y oar. responsibilities hereunder the Board with the approval of the Minister is hereby authorised to delegate to the chairman or member or any officer any of its powers, duties, and responsibilities (except this power of delegation) under this Act. (ii.) A delegation may be made in respect of any particular matter or of any class of matters or generally or may be limited to any part of the State and may be subject to or on such terms and conditions as the Board, with the approval of the Minister, thinks fit. (iii.) Every delegation under this section shall be revocable at the will of the Board but no delegatIOn shall prevent the exercise of any power, duty, function, or authority by the Board itself.

58 PART II.- ADMINISTRA· TION. FIRE. Rural Fires Act. 10 GEO. VI. No. 47, Power of Governor in 8. The Governor in Council may at any time Council to terminate the appointment of the Board or the chairman ter~ ate or any member thereof subject, however, to the rights, aopf pchoamirtmmaennt 1 ·f any, o f t e h c h .a · Jrman or any Inem b er un d er *" Th e amnedm/borers. Public Service Acts, 1922 to 1945." Officers. 9. (1.) The Governor jn Council may, on the recommendation of the Board, appoint and/or employ such chief fire wardens, fire wardens, and other officers and employees as may be necessary for the purpose of administering this Act. Appoint. (2.) Any appointment as aforesaid may be made ;: : ~~ i~ under under *" The Public Service Acts, 1922 to 1945," and, in Service such event, the appointee shall hold the office to which Acts. he is so appointed under and pursuant to such Act. Appointin~ (3.) A person in office under *" The Public Service ~ ~ : ~ ~ ~ t: ~ Acts, 1922 to 1945," may be appointed or seconded to PUbl.ic any office under this Act and may hold both such offices SerVIce. in conjunctjon. Dwchuairtedifeefsnir,oef& c. office 1 r 0 a . ppAoinctheidefunfidreer wthairsdAenc, t sfhiraell whaarvdeena, ndoerxeortchiseer the relevant powers, duties, and authorities as prescribed in this Act, and such additional powers and duties as may be prescribed or as may be directed by the Board. coAofpmsptmoaniintdttieinneggs. rural 1 f 1 ire . dTihsetriGctoovrerpnoorrtioinn tChoeurneocifl amsatayndaipnpgocinotmimn iattneye consisting of three persons, to include a fire warden as chairman and two other persons as members. Any standing committee so appointed shall co-operate with the Board in the administration of this Act and shall exercise such powers and perform such duties as may be delegated by the. Board or as may be prescribed. The provisions of subsection five of section six of this Act shall, mutatis mutandis, apply to such standing committees. * 13 G. 5 No. 31 and amending Acts.

1946. FIRE. Rural Fires Act. 59 PART nI.- CONTROL AND PREVENTION OF RURAL FIRES. PART IIl.-CONTROL AND PREVENTION OF RURAL FIRES. 12. The provisions of this Part of this Act shall Application a.pp1y on1y t 0 rura1 fire dist n.c t s from tl·me to tl·me of Part Ill. constituted under this Act. 13. No person shall light a fire for the purpose of, Provisions or which is likely to have the effect of, clearing ~~~ ~ing fires vegetation from any land or for any like purpose for purpose un I ess- of clearmg vegetation. (a) He has delivered or caused to be delivered to the fire warden for the district, and to each owner or occupier or person charged with the care or management of all adjoining land or buildings (who shall in the case of any State forest, national park, or timber reserve be the forest officer in charge of such area) not less than fourteen days previously, notice on the prescribed form of his intention to burn off in the fourteen days following the expiration of such notice; and (b) He has advised the fire warden, in writing, of the precautions taken by him against the spread of fire from his property and the number of persons he will have available under his direction to control the fire; and (c) He has, where practicable, notified the fire warden and the owner or occupier or person charged with the care or management of all adjoining land or buildings (who shall in the case of any State forest, natIOnal park, or timber reserve be the forest officer in charge of such area) of his intention to burn not more than twelve hours or less than two hours before actually lighting the fire; and (d) He has observed such precautions as are or may hereafter be prescribed or as may be required by the fire warden: Provided that notices under paragraphs (a) and (c) of this section to the owner, occupier, or person eharged with the care or management of adjoining land shall not be necessary where the nearest boundary

60 FIRE. PART IIJ.- CONTROL AND PREVENTION OF RURAL FIRES. Rural Fires Act. 10 GEO. VI. No. 47, of the area to be burned is more than one mile from such adjoining land and a firebreak approved by the chief fire warden surrounds the area to be burned: Provided further that the Minister may from time to time, if he thinks it fit and proper so to do, by a notification published in the Gazette make such variations as he shall specify in such notification in respect of the requirements of the prescribed form of the notice of intention to burn off referred to in paragraph (a) of this section and/or either or both of the periods of time specified in the said paragraph (a) in relation to such notice and/or the period of time specified in paragraph (c) of this section, and may make any such variation either generally or with respect to such locality or localities as he shall specify in such notification. Person receiving notice,&c., may request prohibition of burning. 14. Any person who- (a) Has received notice of intention to burn; or (b) Otherwise has reason to believe that a fire is likely to be lit on land adjoining that of which he is the owner, occupier, or person charged with the care and management, may lodge with the chief fire warden, in the case of (a} not less than four clear days or (if the Minister has, in varying the requirements of such notice or of any other period of time relating to such notice, also varied such period of four clear days) the period as specified by the Minister before the expiration of the notice, or in the case of (b) at any time, a request for the prohibition of such burning, stating the reasons for such request, and shall also serve upon the person intending to burn, or who he has reason to believe intends to burn, a copy of such request, and the person receiving such copy shall not burn until the matter shall be decided as hereinafter prescribed. Enquiry into 15. Upon receipt of a request for prohibition ~ ~ ~ : b! tf~ ~ against burning, the chief fire warden shall enquire into by chief fire the matter as speedily as possible and may either- warden. (i.) Prohibit the burning; (ti.) Order the postponement of burning; (iii.) Issue a permit for the burning subject to any special conditions he may consider neoessary.

FIRE. 61 1946. Rural Fires Act. PART 111.- CONTROL AND PREVENTION OF RURAL FIRES. In any event he shall advise his deoision, in writing, to both the person intending to burn and the person objecting to burning. 16. (1.) Nothing in the preceding sections, thirteen Preservation to fifteen, shall prevent the chief fire warden in his ~~ ~hl~ers absolute discretion and not less than one day before the fire warden. expiration of the notice of intention to burn from serving on the person intending to burn an order either- (i.) Prohibiting the burning; (ii.) Ordering the postponement of the burning; (iii.) Requiring the observance of special conditions as set forth in the order. (2.) No appeal shall lie from the decision of the No appeal. chief fire warden under this section and under section fifteen of this Act. 1 7. No person shall- Restriction (a) Light or cause to be lighted or use a camp on fires. fire or fire for the purpose of burning carcasses, or other small fire not elsewhere provided for, in the open air unless he shall clear all inflammable material from around the site of such fire for a distance of six feet or as may be prescribed; (b) Leave any fire as referred to in the last preceding paragraph temporarily or per- manently without covering and completely extinguishing it; (c) Light or cause to be lighted or use a fire for charcoal or lime burning or other industrial purpose unless in a kiln approved by the Board or unless a space round uhe site of the fire of a width of not less than fifty feet or such greater width as may be required by the Board is cleared of inflammable material before the fire is lighted and main- tained clear until the fire is extinguished. 18. Sections thirteen to seventeen inclusive shall Application apply as from the first day of July in any year until ~ ~ ss. 13to the thirty-first day of January next following: Provided . that the Governor in Council may, from time to time, by Order in Council direct that the sections shall apply during such other period or periods and for such part or parts of the State as may be stated in such Order in Council.

62 FIRE. PART III.- CONTROL AND PREVENTION OF RURAL FIRES. Rural Fires Act. 10 GEO. VI. No. 47, Special fire 19. (l.) The Governor in Council by Order in zones. Council may from time to tjme declare any specified locality to be a special fire zone and such fire zone or . such part thereof as is not already within a rural fire district shall be deemed to be constituted a rural fire district for the purposes of this Act. State forests, &c., (2.) All State forests, timber reserves, national parks, to be fire reserves for scenic purposes or for the protection of native zones. fauna, or any sanctuary established under *" The Fauna Protection Act of 1937" existing at the commencement of this Act or to be reserved, declared, or proclaimed, and all surveyed parcels of land, the nearest boundaries of which are or shall be within one mile of any State forest, national park, or timber reserve shall be deemed to be a special fire zone without any further Order in Council. oPusrfeos, ha&ilbeci.to,ioronf may, 2 b 0 y . nInotiafnicyatsiopnecmial tfhiree G z a o z n e e tte o , rfozrobnieds ththeesaMlei, niussteer, W8·X matches, &c., in special fire ·zones. or possession of wax matches or phosphorus baits· or the use of producer-gas units or other appliances or materials likely to cause vegetation to become ignited as prescribed in the notification during such period or periods as may be specified in the notification. Powers of Board in special fire zone. 21. The Board in any special fire zone or zones may order in writing that any owner or occupier of land or person or body of persons having land under his or its care or management, shall burn off or remove, within a specified time, any inflammable material on his land, and may state in such order the conditions under which such burning off or removal must be effected. Without limiting the generality of the above provision, any such condition may include the making of any firebreaks deemed by the Board to be necessary. It shall be a breach of this Act if such owner or occupier, or person or body of persons shall fail to comply with any such order, and in addition, in such event the Board may cause the burning off or removal or abatement of the fire danger and may recover the expenses of so doing from the owner or occupier or person or body of persons in any court of competent jurisdiction. * 1 G. 6 No. 22.

FIRE. 63 PART 111.- 1946. RU1'al Fires Act. C-t: 'iJ'~; ';~ ~ OF RURAL FIRES. 22. Where, in the opinion of a fire warden for the Powers of fire warden's district concerned, a fire burning on the : ~ ; ' ci~ fns land of any owner or occupier within a special fire fire zones. zone constitutes a fire danger, the fire warden may order any owner or occupier forthwith to take diligent steps to extinguish the fire, and if the owner or occupier shall fail to comply with such order, he shall commit a breach of this Act, and in addition, the fire warden may take such steps as he thinks necessary to extinguish the fire. Moreover, such fire warden may recover any reason- able expenses incurred by him for so doing in any court of competent jurisdiction. 23. In the case of a special fire zone surrounding Permit from and including any State forest, national park, or timber ~ffi~ ~ ~. reserve, no person shall except as hereinafter provided light any fire in the open air without first securing a permit from the forest officer charged with the care and management of such State forest, national park, or timber reserve, and such permit may, at the discretion of such forest officer, be refused or granted, subject to such safeguarding conditions as the forest officer may see fit to impose. Such conditions may, inter alia, provide that the forest officer may assist in controlling the burning-off operations, by placing men or equipment at the disposal of the permit holder without charge, or in such other way as the forest officer thinks fit. The holding of a permit under this section shall not absolve the holder from complying with any other relevant provisions of this Act: Provided that a person shall not be required to obtain a permit for the purpose of lighting a fire in a place specially constructed for such purpose by the authority controlling the area concerned; but this provision shall not absolve any person concerned from complying with any other relevant provisions of this Act. 24. Any own . er or occupier of land or trustee or oPwowneerrsoor f person charged wIth the care or management of any occupier of reserve or other land, who shall discover any fire burning entry, &c. within one mile of his land, or the land under his care or management, of which he, being a person who should have been notified of the lighting of such fire, has not been so notified, or which is burning outside the period during which notice is required by this Act to be given, and who shall be bona fide of the opinion that such fire

64 FIRE. PART III.- CONTROL AND PREVENTION OF RURAL FIRES. Rnral Fires Act. 10 GEO. VI. No. 47, is likely to spread to and cause damage to his land or the land under his care or management, may enter upon the land on which the fire is burning, with any necessary employees, agents, and equipment, and perform any necessary acts to extinguish the fire, and shall not be liable for any damage done to the said land by reason of such acts, unless such damage will have arisen from negligence on his part, or failure to comply with the requirements of the fire warden. Such firstnamed person may recover any reasonable expenses incurred by him for doing such acts from the owner or occupier on whose land the fire has been lit in any court of competent jurisdiction: Provided that where a fire warden is reasonably available such owner, occupier, trustee, or person aforesaid shall inform such fire warden and shall 0 bey and be subject to such conditions as the fire warden may impose in the circumstances. Provisions ~~ ;~r~~~ 25. Should any person create a fire hazard either by felling, lopping, or brushing trees or other vegetation or otherwise which in the opinion of the chief fire warden is likely if ignited to cause damage to the land or property of any other person or of any Local Authority or of the Crown, the chief fire warden may notify the person creating such hazard accordingly and may direct that any measures which he considers necessary to abate such hazard be taken, and may specify the time at or within which such measures shall be taken. If any person shall fail to carry out such measures as directed he shall be liable for any such damage caused by the igniting of the vegetation creating the hazard referred to, and whether such ignition arose from within or without the boundaries of such hazard, and whether or not he was responsible for the igniting of the vegetation creating the hazard. Duty?f 26. (1.) It shall be the duty of any lessee, licensee, ~tS:: : :~rest. or holder of any permit or agreement in respect of any State forest, national park, or timber reserve to take by himself his employees or agents prompt measures to extinguish any fire other than an authorised fire under this Act which may occur on the area covered by his lease, license, permit, or agreement or which is likely to spread thereto, and shall as soon as practicable notify the nearest forest officer of the outbreak and of the measures taken by him to extinguish the same.

FIRE. 65 1946. Rural Fires Act. PUT 111.- CONTROL AND PREVENTION OF RURAL FIRES. It shall be the further duty of any such lessee, licensee, or holder of a permit or agreement in any fire emergency district to make reasonable provision at all times for detection and suppression of any such fires. (2.) Any person refusing, neglecting, or failing to comply with the provisions of this section shall be guilty of an offence against this Act. Moreover, in addition to any penalty imposed, the Minister may on the recommendation of the Board and subject as hereinafter provided cause any such lease, license, permit, or agreement of which the convicted person is the holder, or party thereto, as the case may be, to be cancelled: Provided that any such cancellation shall not be made unless notice to show cause why such cancellation should be made has been served by the Board on the person concerned. Such notice shall state the grounds upon which the Minister on the recommendation of the Board alleges that such cancellation should be made. The Minister shall have power and authority to refer the hearing of the matter to the Land Commissioner for the District concerned. The Land Commissioner shall cause to be served upon the person concerned a notice in writing calling upon such person to appear upon the hearing of the matter at the sitting of the Commissioner's Court held next after the expiration of thirty days from the service of such lastmentioned notice. The Commissioner shall proceed to hear and determine the matter at the said sitting of the Court or at some adjournment thereof, and shall pronounce his decision in open Court. If upon the final decision of the matter any such liability to cancellation is established, the Commissioner shall convey such decision and his recommendation thereon to the Minister : Provided that the final decision as to cancellation shall rest with the Governor in Council. (3.) Any such lessee, licensee, or holder of a permit or agreement who makes a false statement as to his whereabouts or makes a statement knowing the same to be false as to the whereabouts of any of his employees or agents at the time of the outbreak of any such fire shall be guilty of an offence. c

66 PART IV.- SPECIAL EJIlIBGENCY PBOVI8ION8. FIRE. Rural Fires Act~ 10 GEO. VI. No. 47. PART N.-SPECIAL EMERGENcY PROVISIONS. eDomfescetrlaagtreeantocioyfnin B oa2rd, 7. mTabhye yM' innoi"stItecre o ID n tthhee r G e a c z o e m tte m , ednedcaltairoen tohfatthae fire state of fire emergency exists within the area or areas ~: :! :. cy described and for the period stated in such notice which may be the whole State or part or parts thereof, and the area or areas so described shall be known as afire emergency district or districts during such period. Powers of lfinisterin fire emergency district. 28. In any fire emergency district the Minister may, by notice in the Gazette, take anyone or more of the following actions :- (I) He may prohibit the lighting of fires in the open air; (2) He may require that a permit be obtained from such authority or authorities as may be prescribed in such notice before a fire is lit in the open air ; (3) He may require that any person finding any fire burning in the open air shall- (i.) Do everything reasonably within his power to prevent such fire from spreading; (ii.) Report such fire as soon as practicable to the fire warden or forest officer or police officer or to the Board; or (iii.) Being an owner or occupier of land on which a fire is unlawfully burning take all reason- able measures to extinguish such fire and report such fire as soon as practicable to the fire warden or forest officer or police officer or to the Board. (4) He may authorise the Board either by itself or its officers to take all necessary steps to abate the fire emergency, and for this purpose may, inter alia, requisition the services of any person or any animals or any plant or matenals of any description for fire- fighting. (5) He may prohibit the use of producer-gas units or any other appliance or material specified in such prohibition likely to cause fire hazard.

1946. FIRE. Rural Fires Act. 67 PART IV.- SPECIAL EMERGENCY PROVISIONS. 29. (1.) Forthwith upon the declaration of a state Cer~ ain of fire emergency, all notices of intention to burn or : ! : : ~ void. permits given to burn shall be deemed to be null and void and of no effect in the fire emergency district or districts. (2.) Any fire burning at the time of such declaration shall, notwithstanding any permit granted or notice of intention to burn given before such declaration, be deemed to be an unlawful fire for the purposes of paragraph (iii.) of subsection three of section twenty-six of this Act. I edge 3 o 0 f . thWeitdhecalarvaiteIw·Ontoofeanssutraitneg ogfefnireeraelmpeurbgleicnckyn, otwhe- a M pn i un n bo i hu ~ c t nly e ce rmay Minister may take measures to give widespread publicity state of to such declaration and shall, if practicable, cause the emergency. announcement thereof to be made in newspapers circulating, or wireless broadcasting stations operating in the fire emergency district, but any alleged failure of the Minister to do so shall not be an excuse for failure to comply with any of the provisions of this Act. PART V.-BuSH FIRE BRIGADES. PA1\T V.- BUSH FIRB BRIGADES. 31 Any group of persons nominated by a Local Formation of Authority or otherwise desirous of forming themselves ~ ~ : : . e into a bush fire brigade may make application on the prescribed form to the Board for registration as a bush fire brigade. 32. (1.) The Board- Power of Board to (i.) May grant or refuse such application and mayissu~ cance1 any such regI·st rat'IOn, . rceegrtiisftircaattieon o . f (ii.) If it shall register such brigade shall issue a certificate of registration. (2.) (i.) Such certificate shall be in the form Certificate. prescribed and shall, inter alia, define the boundaries of the district within which, except as hereinafter provided, the bush fire brigade may operate. (ii.) Such district shall be known as a bush fire Bush fire brI· gade di S t rI.ct. bdrisigtraidcte. (iii.) A bush fire brigade district shall not be constituted over an area already within a fire brigade district or a bush fire brigade district.

68 PAR'!! V.- BUSH FIRB BRIGADES. FIRE. Rural Fires A.ct. 10 GEO. VI. No. 47, Officers of bush fire brigade district. 33. (i.) Every bush fire brigade shall elect in the manner and for the period prescribed a first officer, a second officer, a third officer, and such other officers in order of seniority as may be considered necessary. (ii.) No such election shall have any force or effect until approved by the Board. (ill.) The Board with the approval of the Governor in Council may disqualify any such officer from exercising any powers or authorities under this Act, and thereupon such officer or any person acting under or in accordance with the directions given by such officer shall not have the powers and privileges or benefit of any immunity conferred by this Act. E: a, : e~ of f 34. It shall be the duty of the first officer of a bush bushofir~er 0 fire brigade, and he is hereby authorised and empowered, brigade. to take all necessary steps to extinguish or prevent from spreading or otherwise keep within bounds any bush fire which in his opinion is burning without control or is likely to spread and cause danger to life or property, and without limiting the generality of this provision, he shall have and may for such purpose or purposes exercise all or any of the following powers and authorities :-- (a) He shall have the control and direction of such brigade and of any other persons whose services are at his disposal at any such fire; (b) He may, either alone or with others under his command or direction, enter using force if necessary into any land or premises which may be on fire or in the neighbourhood of any fire, and may take or give directions for taking any apparatus required to be used at a fire into, through, or upon any land or premises which he considers convenient for the purposes ; (c) He may cause any fences to be pulled down or removed and any bush, scrub, stubble, or any inflammable material to be burnt or otherwise destroyed or removed;

1946. FIRE. Rural Fires Act. 69 PART V.- BUSH FIRE BRIGADES. (d) He may enter or direct entry upon land or premises and take water from any river, creek, stream, watercourse, lake, lagoon, swamp, marsh, well, dam, tank, or other source or place whether the same is on or through Crown land, land included in a reserve, or road or land alienated from the Crown; (e) He may exercise such other powers as may be prescribed. 35. (i.) In the absence of the first officer of a bush Provisions in fire bn· gade, or if the fire- fi ght·mg operat·IOns shaII requI.re faibrsstenocffeicoerf, the brigade to be split into two or more parties, the &c. powers and authorities of the first officer may be exercised by the second officer of the brigade, or in the absence of the second officer, by the third officer thereof, or in the absence of the second and third officers, by the senior officer of the brigade present. (ii.) A chief fire warden shall have and any oth('r officer authorised by the Board under this section shall have all the powers and authorities of the first officer of a bush fire brigade, and any body of men operating for the purposes of this Act under the direction and control of a chief fire warden or other officer duly authorised shall be deemed to be a bush fire brigade registered under this Act. • 36. Where a chief fire warden is present at a bush When chief fire burning in his district he shall have supreme control : eha~ : rden and charge of all operations, provided that he may control. delegate such control to any officer or member of a bush fire brigade. 37 When a bush fire is burning on any State When forest forest, national park, or timber reserve or on any ~ ffi~ erfof t surveyed parcel of land the nearest boundary of which &t:',eto°r.;:!,;@ is within one mile of any State forest, national park, or Pfiowerffisof tl.mber reserve, the powers and authon· t· Ies con fi erred rst 0 cer. by this Act upon the first officer of a bush fire brigade shall be exercisable by any forest officer who may be present at such fire, and if any such forest officer is present at any such fire he shall, notwithstanding the provisions of section thirty-six hereof, have and take supreme control and charge of all operations, and the officers and members of any or all bush fire brigades also present at the fire shall in all respects be subject to and act under his orders and directions.

10 PAR'rV.- BUSH FmE BRIGADES. FIRE. Rural Fires Act. 10 GEO. VI. No. 47, Board, &0., may furnish 38. The Board, or any Local Authority or the equipment. Forestry Board constituted under *" The State Forests and National Parks Acts, 1906 to 1941," may provide any bush fire brigade with equipment of any description required for or incidental to fire-fighting or may subsidise the purchase of any such equipment. lnsJ.>ectiontof 39. The Board may by itself or any officer duly ebqywBpomaredn. aut hO· rIsed at any tI.me.mspect t he eqU.Ipment 0 f any i bush fire brigade, or may take such steps as it may deem necessary to satisfy itself that any bush fire brigade is efficient for the performance of its duties. Operation on 40. At the request of a fire warden, an officer of aarreeaa oouftside po1ice, or a first officer of a bush fire brigade, or 0 ffi cer eertificate. in charge of a fire brigade in another district, or if the first officer shall be of opinion that a bush fire burning outside his bush fire brigade district is likely to spread to his district a bush fire brigade may operate on an area outside the district defined in the certificate of registration, but in such event such bush fire brigade shall be subject to the direction and control of the officer in charge of the fire brigade or first officer of the bush fire brigade for the district in which it is operating. PART VI.- GENERAL. PART VI.-GENERAL. Indemnity of officer of 4 1. No officer of a bush fire brigade and no chief bush fire fire warden or forest officer lawfully exercising the brigade, &c. powers and authorities of any such officer, and no fire warden carrying out the extinguishment of a fire under the provisions of section twenty-two of this Act shall be liable for any damage caused by the exercise in good faith of such powers and authorities; and no person acting under and in accordance with any directions given by such officer, chief warden, fire warden, or forest officer shall be liable for any damage caused by his so acting in good faith. tAiopnprforpormia- 42 • The COSt s, charges, and expenses ent aI· 1ed I.n Consolidated the administration of this Act shall be paid out of the Revenue. Consolidated Revenue Fund in such amounts appropriated by Parliament from time to time for the purpose. * 6 E. 7 No. 20 and amending Acts.

1946. FIRE. Rural Fires Act. 71 PART VI.- GENERAL. 43 The Minister may order an inquiry into the "f:t~u!!e:l origin, causes, and circumstances of any rural fire, and fires. such inquiry shall be held by a coroner within the meaning of *" The Ooroners Acts, 1930 to 1943," and such Acts shall, mutatis mutandis, apply and extend accordingly, and for such purpose the term "Minister" in section seven of such Acts shall be construed as meaning the Minister as defined in this Act. 44. In any area outside a fire brigade district the Powers of Board or an officer duly authorised in writing in that ~ ~ : ~ e fire behalf by the Board, may by notice in writing, require b~ gll: de any sawm1 '11 er, charcoa I burner, lime burner, or 0 ther distrICt. person whose operations in the opinion of the Board may be likely to provide a source of fire danger, to- (a) Remove or dispose of in accordance with the terms of the notice any stack of waste sawdust or other inflammable material on premises occupied or used by him which the Board deems a fire menace; (b) Provide within the time specified a spark arrester or other construction or device, of a type approved by the Board for preventing the spread of fire ; (c) Provide within the time specified safety works or constructions to afford protection from fire for all persons employed at or in connec- tion with the operations of such sawmiller or other person, together with all families or other dependants of such persons; (d) Suspend all or any operations connected with or incidental to the business being carried out for the period prescribed in the notice. 45. Any damage caused by or arising out of any Certain fire lit under sections twenty-one, twenty-two, or ddamagetbobe twenty- £ our 0 f t h I · S A ct, or any fire l it · III good £ al . t h to fi a re mawgiethiyn prevent the spread of a bush fire, or any damage referred meJ' nin~ of to in section forty-one of this Act, shall be deemed to be ksuis.:ce. damage by fire within the meaning of any policy of insurance against fire covering the property so damaged notwithstanding any clause or condition in any such policy, and every such fire policy, whether issued before or after the commencement of this Act, shall, notwithstanding any Act or law to the contrary, be read and construed and continue to be read and construed accordingly. .. 21 G. 5 No. 17 and amending Act.

72 PAltTVJ,- GENERAL. FIRE. Rural Fires Act. 10 GEO. VI. No. 47, Liability on 46. (1.) If the owner or occupier of any land clears oowccnueprieorr the same of all scrub or other inflammable materials for failing to a space of at least ten feet from any fence dividing such colweanrl h a i n s d. land from the land of any other owner or occupier and- (a) Such other owner or occupier does not clear his land contiguous to the said fence similarly for a space of at least ten feet; and (b) Any damage from a bush fire happens to such dividing fence through his failing so to do, such other owner or occupier shall at his own cost and expense repair or re-erect the fence so damaged within a period of one month from the day when the same is so damaged, or within such extended time as is allowed by a stipendiary magistrate, upon application being made to him in writing, of which application not less than seven days' notice in writing has been served on the owner or occupier who has cleared his land as aforesaid. (2.) If the owner or occupier who has failed to clear his land fails to repair or erect the fence damaged within the time or extended time mentioned in subsection one hereof, the owner or occupier who has cleared his land as aforesaid may repair or re-erect the fence so damaged, and may recover the cost and expense of so doing in any court of competent jurisdiction as a debt owing to him by the owner or occupier so in default. (3.) Where an owner or occupier has failed to clear his land as mentioned in subsection one hereof and as a result thereof the dividing fence has been damaged by a bush fire as aforesaid, such owner or occupier shall not be released from any of his obligations under this section merely by reason of the fact that the bush fire which damaged the fence was not lighted by him or did not start on his land. :nm: = Po ~ li 6 c d &c. n , d Polic 4 e 7 F . o ( r 1 c .) e I a t nsdhalelvbeerythechdiueftyfoirfeevwearyrdmenemabpeprooifntthede p{:: of under this Act, and every forest officer appointed a. 6. under *" The State Forests and National Parks Acts, 1906 to 1941," who finds any person committing any offence against this Act, or committing any breach of a regulation made under this Act, to demand from such person his name and place of abode, and to report the facts of such offence or breach, and the name and place of abode oi such person as soon as conveniently may be to the Board. * 6 E. 7 No. 20 and amending Acts.

1946. FIRE. Rural Fires Act. 73 PAl\T VI.- GENERAL. (2.) Any such person who refuses to state his name and place of abode when required by a member of the Police Force, or by a chief fire warden, or a forest officer so to do, may, without any other warrant than this Act, be apprehended by such member of the Police Force, or by such chief fire warden, or by such forest officer and be taken before justices there to be dealt with according to law. (3.) Any person who in contravention of this section refuses to state his name and place of abode, or states a false name or a false place of abode, shall be guilty of an offence. 48. Any person who- Offences. (a) (i.) Sets fire or causes fire to be set to the land of another person, or the Crown, or any Local Authority, or public body; (ii.) Permits fire to escape from his own land; under such circumstances as to cause or be likely to cause injury or damage to such other person or his land, or the land of any Local Authority, or public body, or of the Crown; (b) Ignites, uses, or carries when ignited, so as to endanger any other person's land, or the land of the Crown or Local Authority or public body, any inflammable material; (c) Throws down, lets fall, or places any Hghted match, cigar, tobacco, or cigarette, or lights or maintams any fire within ten yards of any inflammable vegetation; (d) Lights any fire or causes any fire to be lit in the open aIr and leaves any such fire unextinguished without taking the necessary reasonable precautions or such precautions as may be prescribed; (e) Trespasses upon any State forest, timber reserve, or national park, or unoccupied Crown lands without authority and during such times as may be prescribed; (f) Refuses or omits, without reasonable cause, proof of which shall lie upon such person, to comply with any order, requisition, or direction of the Board, or any fire warden, forest officer, or other authorised officer, or

74 FIRE. Rural Fires Act. 10 GEO. VI. No. 47, officer of police, or hinders or obstructs any fire warden,forest officer, or other authorised officer, or officer of police, or other authorised person in the execution of his powers and duties under this Act; or uses any threatening or abusive language to any such officer or person, or uses or attempts to use force against any such officer or person : (g) Tears down, destroys, damages, defaces, or otherwise interferes with any notice relating to this Act; (h) Omits to notify the fire warden or such other prescribed persons of his intention to burn; (i) Fails to comply with the conditions set forth on any order under this Act issued by the Minister or by the Board or a fire warden, forest officer, or other authorised officer; (j) In any special fire zone possesses, sells, or uses wax matches or phosphorus baits or uses producer-gas units or other appliances or materials as prescribed in the notification concerned during prohibited periods, shall be liable to a penalty not exceeding fifty pounds or to imprisonment for any term not exceeding six months: Provided that if the offence shall have been committed in a fire emergency district he shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for any term not exceeding twelve months. Wl,en 49. Any person who wilfully and knowingly places urinsaeudtrhuor- al inflammable material or otherwise does any act in any fire a. crime. place for the purpose of causing an unauthorised rural fire with intent to cause damage to the property of another person, or the Crown, or any Local Authority, or public body shall be guilty of a crime and shall be liable on indictment to imprisonment with hard labour for a period not exceeding five years, or at the discretion of the court to a penalty not exceeding one hundred pounds. General penalty. 50. Any person who is guilty of a breach of or contravention of this Act for which no specific penalty is provided shall be liable to a penalty not exceeding fifty pounds: Provided that if the offence shall have been committed in a fire emergency district such person shall be liable to a penalty not exceeding one hundred pounds.

1946. FIRE. Rural Fires Act. 75 PART VI.- GENERAL. to 51 Subject to this Act nothing in this Act shall ~ ~ ! ; ~ : e take away or interfere with or be construed to take away with right to or interfere with the right of any person or of the Crown ~:!;es to sue for and recover at common law or otherwise, . compensation for or in respect of any damage or injury occasioned by the wilful, reckless, or negligent use of fire: Provided that a person shall not be held to be wilful, reckless, or negligent in the use of fire if, being in a rural fire district and not having been prohibited from burning pursuant to the provisions of this Act, he shall have- (a) Given notices to burn and secured permits as prescribed; (b) Previously constructed firebreaks approved by the chief fire warden; (c) Had in attendance under his direction at all times during the period of burning and until the fire is extinguished, assistance and equip- ment reasonably sufficient in the opinion of the chief fire warden to control the fire ; (d) Lit the fire not earlier than 3 p.m.. (e) Lit the fire during a day when the wind was not more than a light breeze and temperature not more than ninety degrees Fahrenheit; (f) Lit the fire against the direction of the wind, if any, and in such a way as not to be likely to leap over a constructed firebreak; (g) Burnt an area of not more than four hundred acres (or as may otherwise be prescribed) ; (h) Carried out such other precautionary measures as may from time to time be prescribed. 52. The chief fire warden or the fire warden may Deputy fire appoint any person to act as his deputy, and such deputy warden. shall have such power and authority of a fire warden under the Act as may be vested in him by such appoint- ment or as may be prescribed. 53. (1.) No proceeding or conviction for any offence Civil . punishable under this Act shall affect any civil remedy : m~ dl~ to which any person or the Crown or any Local a eo • Authority or public body aggrieved by the offence may be entitled.

76 PART VI.- GEnBAL. FIRE. Rural Fires Act. 10 GEO. VI. No. 47, Saving of C Co ri d m e. inal I Act s( 2h. a)llInnorteisnpeacnt ytowapyropcreeejduidnigcse, folirmaitn, oorffeanffceec,t tthhies operations of the *" Oriminal Oode" in respect of offences coming under the provisions of this Act and also under the *" Oriminal Oode:" Provided that no person shall be punished twice for the same offence. Servioe. 54. Any notice, order, document, or writing required or authorised to be given or served to or upon any person may be served- (a) By delivering the same to such person or his agent; or (b) By leaving the same at his usual or lastknown place of abode; or (c) By forwarding the same by post in a prepaid registered post letter addressed to such person at his usual or lastknown place of abode; or (d) As may be prescribed. Proceedings under the 55. (1.) All proceedings in respect of offences Justices against this Act, except such an offence as is by this Acta. Act declared to be a crime, shall be heard and determined in a summary way under t" The Justices Acts, 1886 to 1945," on complaint by the Board, or by any fire warden, forest officer, member of the police force, or any authorised officer. Time of institution. (2.) Proceedings for an offence against this Act or any regulation made hereunder may be instituted at any time within six months after the commission of the offence or within four months after the offence shall have been reported to the Board, whichever is the later period. oWmfehanpetnpoopfirnot- of again 5 s 6 t . th ( i 1 s .) AIcnt aitnyshparlol cneoetdibnegsnefocresasnaryallteogepdroovfefetnhcee Board, &c., appointment of any Board or member thereof, chief fire nsaortyn.eces- warden, fire warden, forest officer, officers of bush fire brigades, or any authorised officer, or officer of police under this Act, or the authority of any such Board or member thereof, chief fire warden, fire warden, forest officer, officer of bush fire brigade, authorised officer, or officer of police, to do any act or to give any direction or to take any proceeding. * 63 v. No. 9, Sch. l., and amending Acta. t 50 v. No. 17 and amending Acts.

FIRE. 77 - - - - - - - - - - - - - - - ' - - - - - - - - - - - PART VJ.- 1946. Rural Fires A.ct. GBNERAL. (2.) The production of any order, direction, notice, Proof of or notification purporting to be signed by the Minister, order. or the chairman or any officer of the Board, chief fire warden, or fire warden, or forest officer, or by any other person authorised by this Act to issue same, or of a certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order~ direction, notice, or notification and that it was duly signed by the person by whom it purported to be signed. 57. Where power and authority is conferred upon Proclama- go;r the Governor in Council by this Act to make a a~ d Proclamation or an Order in Council, he may make such c~ U: ' ; , ' h~ one or more Proclamations or Orders in Council as appear to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. The Governor in Council may amend or rescind any Proclamation or Order in Council by a. subsequent Proclamation or Order in Council. No misnomer or inaccurate description or omission in or from any Proclamation or Order in Council shall in any wise prevent or abridge the operation of this Act and the Proclamation or Order in Council with respect to the subject-matter provided the same is designated so as to be understood. 58. (1.) The Governor in Council may from time to Regulations. time make regulations for all or any purposes whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act. (2.) The regulations may fix a penalty not exceeding Penalties. in any case twenty-five pounds for any breach thereof. (3.) Regulations may be made on the passing of Regulations this Act. may be made on the passing of Act. (4.) All Orders in Council and regulations made Orders in under this Act shall be published in the Gazette, and tCooubnecil, &0., thereupon shall be judicially noticed. published in Gazette.

78 PART VI.- GBNERAL. FIRE-FIREARMS. Firearms License Acts Amendment Act. 11 GEO. VI. No. 22, bPTeaofroblireaemlaeidnt. laid b( 5e. f)orAe ltlhOe rLdeegrissliantivCeoAunscsielmabnlyd wreigthuilnatfioounrstesehnaldlabyes after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next ensuing session. If Parliament passes a resolution disallowing any such Order in Council or regulation of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime and without prejudice to the power to make any further or other Order in Council or regulation. For the purposes of this subsection the term " sitting days" shall mean days on which the House actually sits for the despatch of business. FIREARMS. 11 N G o E . O 2 . 2 V . I. An Act to Amend "The Firearms License Acts, 1927 THE FIREARMS to 1945," in a certain particular. LICENSE ACTS AMENDMENT ACT OF 1946. [ASSENTED TO 24TH DECEMBER, 1946.] 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:- Short title 1. (1.) This Act may be cited as "The Firearms : ~ struction. License Acts Amendment Act of 1946," and shall be read as one with *" The Firearms License Acts, 1927 to 1945," herein referred to as the Principal Act. tCitolell. ective be ci(t2e.d) aTsh" e T P h r e in F ci i p re a a l r A m c s t L a i n c d en t s h e is A A ct c s, t 1m9a2y7 t c o ol 1 le 9 c 4 t 6 iv ." ely * 18 G. 5 No. 21 and amending Acts (consolidated reprint). 1945-6 Bess. v., p. 482.