Rural Fires Acts Amendment Act of 1955 (4 Eliz Ii No. 6) (Qld)

FIRE. 4 E liz . II. No. 6, 1955. Rural Fires Acts Amendment Act. 63 FIRE. An Act to Amend “ The Rural Fires Acts, 1946 to 4 |L0IZ-6n' 1951,” in certain particulars. A [A ssented to 14 th A pril , 1955.] 1ZSE^ A mendment A ct oe 1955. B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Rural Fires short title. Acts Amendment Act of 1955.” (2.) *“ The Rural Fires Acts, 1946 to 1951,” are in Principal this Act referred to as the Principal Act. Aot' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Rural Fires Acts, 1946 to tltle‘ 1955.” 2. Section four of the Principal Act is amended— Amendments (i.) By repealing therein the definition of the term ’ ' “ Inflammable material ” and by inserting, in lieu of that repealed definition, the following definition— “ “ Inflammable material ”—Includes all substances inflammable or matter capable of ignition or combustionmatena1, by the application of heat or fire or by means of sparks or flame or by spontaneous causes : The term also includes all substances which are declared by the regulations to be inflammable material for the purposes of this Act, and also includes all vegetation ; ” ; . (ii.) By repealing in the definition of the term “ Land ” therein the words “ Any land ” where those words first occur and by inserting, in lieu of those repealed words, the words “ Includes any land ” ; also by inserting before the word “ includes ” in the same definition the word “ also ” ; (iii.) By inserting therein after the definition of the term “ Prescribed ” the following definition— “ “ Rural fire ”—Includes, but without limiting the Rural fire, generality thereof, bush fire and grass fire ; ” ; * 10 G. 6 No. 47 and amending Acts.

64 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, (iv.) By repealing therein the definitions of the terms “ Scrub ”, “ Stubble ”, “ Timber ”, and “ Tree ” ; and (v.) By repeabng therein the definition of the term “ Vegetation ” and by inserting, in lieu of that repealed definition, the following definition— Vegetation. “ “ Vegetation ”—Includes trees, bushes, plants, and undergrowth of all kinds, ages, and sizes (whether alive or dead and whether standing or not standing) and any parts thereof (whether severed therefrom or not so severed), and any timber, whether, sawn, hewn, split, or otherwise worked or not, and any stubble, trash, hay, straw, grass, and herbage, and any other vegetable growth whatsoever or any part thereof, whether alive or dead.”. Amendment 3. Subsection one of section five of the Principal of a. 6. Act is repealed and the following subsection is inserted in lieu of that repealed subsection— Application “ (1.) Except where otherwise expressly provided, of this Act. this Act— (a) Shall apply throughout the whole of the State ; ( b ) Shall not apply to any fire indoors ; and (c) Shall not apply to any fire in the open air (out of doors) when that fire is enclosed in a fireplace so constructed as to prevent the escape of fire or any burning material therefrom and adequate precautions are taken against the spread of that fire.”. Amendments of s. 6. 4. Section six of the Principal Act is amended— (i.) By repealing in subparagraph (6) of the first paragraph of subsection two thereof the word “ other ” ; and (ii.) By inserting after subparagraph ( b ) of the first paragraph of subsection two thereof the following subparagraph:— “ and (c) Such number, if any, of other members as may from time to time be fixed by the Governor in Council (but so that at no time shall the number of those other members exceed three), also appointed as representing the interests affected by rural fires,” ;

FIRE. 65 1955. Rural Fires Acts Amendment Act. (iii.) By adding to subsection two thereof the following paragraph— “Neither the power given by *“ The Rural Fires Acts Amendment Act of 1955,” to appoint additional members of the Board nor any exercise of that power shall affect the continuity in office of members of the Board then in office or any rights or liabilities of the Board or render defective any legal proceedings by or against the Board whether then commenced or not commenced.” ; (iv.) By repealing subparagraphs ( b) and (c) of subsection three thereof and by inserting, in lieu of those repealed subparagraphs, the following subparagraphs— “ (6) To carry out such works for the prevention, suppression, and extinguishment of rural fires and for the protection of persons and property from those fires, and such works incidental thereto, as the Board thinks necessary or desirable; (c) To carry out investigational work into the use of rural fires ; to instruct the public in the wise use of rural fires, and to disseminate information regarding measures for the prevention, suppression, control, and extinguishment of rural fires and for the protection of persons and property from those fires, and matters incidental thereto ; ” ; and (v.) By repealing in subparagraph (d) of subsection three thereof the words “ bush fire ” and by inserting, in lieu of those repealed words, the words “ rural fires ”. 5. Section thirteen of the Principal Act is repealed of and the foliowmg section is inserted in lieu of thats. 13 . repealed section :—: “[23.] (1.) No person shall at any time light, be maintain, or use, or cause, permit, or suffer to be“mpiiod 6 lit, maintained, or used, a fire on any land or any partwithby of any land for the purpose of, or which is likely to ughting have the effect of, burning off or clearing any vegetationoertain on or from that land or part, unless— flreTwithin (i.) (a) He has given the notices required to be™1?1.**16 given under subsection two of this section; and * This Act, e

6& FIRE. Rural Fires Acts Amendment Act. A E liz . II. No. 6, (6) Such fire is lit, maintained, and used in accordance with the conditions prescribed and, in so far as not prescribed, as the fire warden may require to be observed with respect to the fire, and, subject to those conditions as aforesaid, in accordance with the ■ notices given by him under subsection two of this section ; or (ii.) (a) He has obtained a permit from the fire warden authorising him to light, maintain, and use such fire, and that permit remains then in force ; and (6) Such fire is fit, maintained, and used in accordance with the authority given by that permit. (2.) (a) A person intending to light, maintain, or use on any land or on any part of any land a fire referred to in subsection one of this section and who does not obtain from the fire warden a permit authorising the lighting, maintaining, and use of that fire, shall— (i.) Give, not less than fourteen days before the date of the lighting of the. fire, to the fire warden and to each and every neighbour notice (in the prescribed form or in a form to the like effect and specifying' the purpose of such fire and identifying the land or part of land on which such fire is to be lit) of his intention to fight the fire within twenty-eight days from the date of the giving of the notice; and (ii.) Give, not less than fourteen days before the date of the fighting of the fire, to the fire warden notice 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 (iii.) Wherever practicable, give, not less than two hours before the time of the fighting of the fire, notice to the fire warden and to each and every neighbour of his intention to fight the fire within twelve hours from the time of the giving of the notice. .

FIRE. 1955. Rural Fires Acts Amendment Act. (b) The Minister may from time to time by notification in the Gazette alter all or any of the times and in relation to all or any of the notices in paragraph (a) of this subsection specified, either generally or with respect to such locality or localities or lands as he may specify in such notification, and may from time to time and at any time in like manner cancel any such notification, and while each and every such notification remains in force the provisions of paragraph (a) of this subsection shall, in all cases to which the alterations made thereby extend, be read so as to give effect to those alterations. (3.) (a) A person intending to light, maintain, or use on any land or on any part of any land a fire as referred to in subsection one of this section and who does not give the notices required to be given under subsection two of this section, 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 authorising him to fight, maintain, and use such fire. The application to the fire warden shall— • (i.) Identify the land or part of the land on which the fire is to be fit; (ii.) Specify the purpose for which the fire is to be fit; and (iii.) Contain a statement of the names of each and every neighbour and as to whether or not the consent of all those neighbours has been obtained to the fighting of the fire on that land or part for the purpose specified in the application, and if the consent of all neighbours has not been obtained, shall also contain a statement distinguishing those neighbours from whom the consent has been obtained and those from whom the consent has not been obtained. Any such application lodged pursuant to this section with a chief fire warden shall be forwarded by him to the fire warden for the fire warden’s district, if any, wherein the fire is to be fit, for the exercise under this subsection of the latter’s discretion thereon. ( b ) Upon receipt by him of an application under this subsection the fire warden may, in his discretion, issue a permit for such period (but so that no such

68 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, permit shall exist for a longer period than fourteen days) and subject to such conditions as he thinks fit, or refuse to issue a permit. A permit issued under this subsection shall— (i.) Specify the period for which that permit subject to this Act exists ; (ii.) Identify the land or part on which the fire is to be lit; and (iii.) Specify the conditions subject to which that permit is issued. Without limiting the conditions which the fire warden may, in his discretion, subject any such permit, whether for the purpose of controlling the fire thereby authorised or otherwise, those conditions— (a) Shall include a condition that prior to the lighting of the fire notice of the obtaining of such permit shall be given by the permittee to each and every neighbour from whom consent has not been obtained to the lighting thereof; and (b) May include a condition that notice of the time at which it is intended to light the fire shall be given to each and every neighbour at least two hours before such time and that the fire is lit at that time. (c) Every permit issued under this section shall only give authority for the lighting, maintaining, and use of a fire, during the period for which that permit exists, on the land or part of land identified and for the purpose and subject to all the conditions specified therein. (d) The fire warden in his discretion may, by notice in writing given to the permittee at any time before the fire is lit, cancel any permit issued under this section, in which event that permit shall cease to be in force and to give any authority. (4.) In this section the term “ the fire warden,” unless the contrary intention appears, means the fire warden for the fire warden’s district wherein the fire is to be lit, or, if the office of that fire warden is vacant or he is not readily available or the fire is to be lit on land which is not within a fire warden’s district, then the chief fire warden for the rural fire district wherein the fire is to be lit.

FIRE. 69 1955. Rural Fires Acts Amendment Act. (5.) The provisions of this section do not apply with respect to land or parts of land within a special fire zone having within its boundaries any state forest, national park, or timber reserve.”. 6 Section fourteen of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that ^ new s‘ repealed section:— “ [14.] (1.) Any person- Request for _ _ . _ prohibition (а) lo whom a notice of intention to light a fire of lighting of has been given under section thirteen, orraraI fire- from whom consent is sought under section twenty-three of this Act to light a fire ; or (б) Who otherwise has reason to believe that a fire is likely to be lit on any land adjoining the land of which he is the owner, occupier, or person having the care, control, or management, may lodge, in accordance with the provisions of subsection two of this section, a request that the lighting of such rural fire be prohibited. (2.) Every request under subsection one of this section— (а) Shall be in writing and state the reasons for such request; and (б) Shall identify the land or part of the land on which the rural fire is, or is likely, to be lit; and (c) Shall be lodged with the fire warden for the fire warden’s district wherein the rural fire is, or is likely, to be lit, or, if the office of that fire warden is vacant or he is not readily available or the fire is to be lit on land which is not within a fire warden’s district, then with the chief fire warden for the rural fire district wherein the rural fire is, or is likely, to be lit, and a copy of the request shall be served by or on behalf of the person lodging the request on the person intending, or believed to be intending, to light the fire. . (3.) Any person upon whom a copy of a request under subsection one of this section is served pursuant to subsection two of this section shall not, during the period

79 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, of twelve months commencing on the date on which that copy is served, light, maintain, or use, or cause, permit, or suffer to he lit, maintained, or used, any rural fire on the land or part of the land identified by that request except under and in accordance with the authority of a permit in force issued or deemed to he issued under section fifteen of this Act.”. cTnew'^ 7. Section fifteen of the Principal Act is repealed an news. an(^ ^he following section is inserted in lieu of that repealed section:— Decision “ [25.] (1.) Any fire warden with whom a request upon request for prohibiting of the fighting of a rural fire has been prohibition lodged pursuant to section fourteen of this Act, may either rural fireS °f determine the matter of that request himself or refer the request to the chief fire warden for the rural fire district wherein the fire is, or is likely, to be fit for determination by such chief fire warden, but in either case shall act as speedily as possible. (2.) The chief fire warden or fire warden, as the case may be, shall as speedily as possible enquire into the matter of every request for the prohibiting of the fighting of a rural fire lodged pursuant to section fourteen of this Act and determine the matter, and by his determination may— (а) Prohibit the fighting of any rural fire on such land or part of such land and during such period or until the happening of such event or the arising of such circumstances as he may specify therein ; or (б) Direct (in a case where a permit authorising the fighting of a rural fire on the land or part the subject of the request for prohibition, and issued under this Act remains in force immediately prior to the determination) that the permit continue in force (but so that no such direction shall continue in force any permit for a longer period than fourteen days from the date of his determination containing that direction) for the purpose for, and subject to the conditions upon, which it was issued; or (c) Issue a permit for such period (but so that no such permit shall exist for a longer period than fourteen days) and subject to such conditions as he thinks fit.

FIRE. 11 1955. Rural Fires Acts Amendment Act. In any event, but without prejudice to the validity and enforcement of that determination, the determination of the chief fire warden or fire warden, as the case may be, shall be communicated in writing to the person requesting the prohibition and the person intending to light the rural fire. Where a permit authorising the lighting of a rural fire on the land or part the subject of the request for prohibition has been previously issued under this Act and immediately prior to the determination remains in force, then, unless that permit is by the determination directed to continue in force, it shall, without further or other authority than this provision, cease to be in force and to give authority for the lighting of such fire. For the purposes of subsection three of section fourteen of this Act, every permit directed under this subsection to continue in force shall be deemed to be issued under this section. . If the chief fire warden or fire warden, as the case may be, prohibits under this subsection the lighting of ?my rural fire, then upon the termination of that prohibition whether by effluxion of time or the happening of the event or the arising of the circumstances specified in such prohibition, he may issue a permit for such period (but so that no such permit shall exist for a longer period than fourteen days) and subject to such conditions as he thinks fit. . The conditions subject to which a permit is issued under this section shall be specified in the permit and the permit shall only give authority for the lighting, maintaining, and use of a fire, during the period for which that permit exists, on the land or part of the land identified and for the purpose and subject to all the conditions specified therein.”. 8. Section sixteen of the Principal Act is repealed Repeal of and the following section is inserted in lieu of thatgn16“ew repealed section :— “ [Id.] (1.) The chief fire warden for the rural fire Further ^ district wherein any rural fire is, or is likely, to be lit cS flre° a may in his discretion and at any time prior to the lighting warden, of the fire issue an order— (a) Prohibiting the fighting of any rural fire on such land or part of such land and during

72 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, such period or until the happening of such event or the arising of such circumstances as he may specify therein ; or (&) Requiring the observance in the lighting, maintaining, and use of that rural fire on such land or part of such land as he may specify therein of such special conditions as he may specify in the order. A copy of every such order shall, but without prejudice to the validity or enforcement thereof, be served on the person intending to light the rural fire. Where any permit authorising the lighting of a rural fire has been previously issued under this Act and remains in force, then if the fighting of that fire is prohibited under this subsection that permit shall, without further or other authority than this provision, cease to be in force or to give authority for the fighting of such fire. If the chief fire warden prohibits under this subsection the fighting of any rural fire, then upon the termination of that prohibition whether by effluxion of time or the happening of the event or the arising of the circumstances specified in the prohibition, he may issue a permit for such period (but so that no such permit shall exist for a longer period than fourteen days) and subject to such conditions as he thinks fit. The conditions subject to which a permit is issued under this section shall be specified in the permit and the permit shall only give authority for the fighting, maintaining, and use of the fire, during the period for which that permit exists, on the land or part of the land identified and for the purpose and subject to all the conditions specified therein. Where any permit authorising the fighting of a rural fire has been previously issued under this Act and immediately prior to the issuing of the order remains in force and the chief fire warden requires pursuant to this subsection the observance of special conditions in the fighting, maintaining, and use of that fire, then such special conditions shall be deemed to be specified in that permit. (2.) The chief fire warden may at any time before a rural fire is fit within his rural fire district direct the fire warden for the fire warden’s district within which the rural fire is, or is likely, to be lit to refuse to grant any

FIRE. 7a 1955. Rural Fires Acts Amendment Act. permit or to cancel any permit issued under this Act authorising the lighting of that rural fire and, notwithstanding anything to the contrary contained in this Act, effect shall be given to every such direction according to its tenor. (3.) The provisions of this section shall apply with respect to the lighting, maintaining, and use of all rural fires, whether under the authority of a permit issued under this Act or not, but always excepting rural fires lit or likely to be lit under the authority of a permit issued under section twenty-three of this Act by a forest officer. (4.) Subject to the provisions of this section, every determination or decision under this Part of this Act of a chief fire warden or fire warden or forest officer shall be final and without appeal. 9. Section seventeen of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that ' sa \ . nd17n. ew repealed section:— “ [f?.] (1.) No person shall at any time light, Restrictions maintain, or use, or cause to he lit, maintained, or used, firesfrtam any fire in the open air— (a) For the purpose of making charcoal or lime or for any other industrial purpose whatsoever unless either— (i.) The fire is enclosed in a kiln approved by the Board: or (ii.) A space of ground immediately around the pit or place in which the fire is situated, of the width of fifty feet at least in all parts, or, where the Board in its discretion directs a greater width, then of that width at least in all parts, has previous to the lighting of the fire been cleared and is then clear, and, in the case of the maintenance or use of the fire, is kept clear, until the fire is completely extinguished, of all inflammable material; or (6) For any purpose, other than a purpose referred to in section thirteen or in section twenty- three of this Act or in subparagraph (a) of this subsection, unless a space of ground immediately around the site of the fire of the width of six feet at least in all parts, or,

74 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, where in any prescribed locality or localities or on any prescribed lands a greater width is prescribed, then of that width at least in all parts, has previous to the lighting of the fire been cleared and is then clear of all inflammable material. (2.) No person, having lit, maintained, or used any fire referred to in subparagraph (b) of subsection one of this section, shall leave the same temporarily or permanently without completely extinguishing that fire.”. Repeal of s. 18. 10. Section eighteen of the Principal Act is repealed: Aofms.en1d9.ment of th1e1.PrSiunbcsipeactlioAnsct onaere arnedpetawleod oafnsdectthioen fnoilnloewteineng subsections are inserted in lieu of those repealed subsections :— sS&ptcea.c, teiatoflofrbieresets, pa'rks“, ( a1n. ) d Arelslersvteasteforfosrceesntisc, ptuirmpobseers froesretrhveesti,mneabtieoinnga, l zones. all sanctuaries within the meaning of *“ The Fauna Conservation Act of 1952,” and, subject to the provisions of subsection two of this section, all surveyed parcels of land the nearest boundaries of which are within one mile of any state forest, timber reserve, national park, or reserve for scenic purposes, shall be special fire zones for the purposes of this Act. ' (2.) The Governor in Council may from time to time by Order in Council vary any and every special fire zone by declaring— (а) That all or any surveyed parcels of land referred to in subsection one of this section or such parts thereof as he may identify in the Order in Council shall not be included in that special fire zone ; or (б) That such surveyed parcels of land or such parts thereof as he may identify in the Order in Council shall be included in that special fire zone, and the special fire zone shall thereupon be deemed to be varied accordingly.”. Amendment 12. Section twenty-one of the Principal Act is of *. 21. amended by repealing therein the words “ in any special fire zone or zones ” ; also by repealing the side-note * 1 Eliz. 2 No. 13.

FIRE. 75 1955. Rural Fires Acts Amendment Act. thereto and by inserting, in lieu of that repealed side-note the following side-note—“ Power of the Board to order removal of inflammable material, etc.”. 13. Section twenty-two of the Principal Act is Amendments amended— of 8. 22. (i.) By repealing in subsection one thereof all words commencing with and including the words “ Where the fire warden ” to and including the words “ constitutes a fire danger he ” and by inserting, in lieu of those repealed words, the words “ Where a fire is burning on any land within or partly within a fire warden’s district or a special fire zone and the fire warden for that fire warden’s district or, in the case of a special fire zone, any forest officer is of the opinion that the fire constitutes a fire danger, then the fire warden or, as the case may be, forest officer ” ; (ii.) By repealing the side-note thereto and by inserting, in lieu of that repealed side-note, the following side-note—“ Powers of fire warden when of the opinion that a fire constitutes a fire danger ” ; (iii.) By inserting in subsection two thereof after the word “fire warden” where that word first occurs the words “ or forest officer ” and by inserting in that subsection after the word “ fire warden ” where that word last occurs the words “ or, as the case may be, forest officer ” ; and (iv.) By adding to that section the following subsection— “ (3.) Where any fire is burning on land which is not within a fire warden’s district then the powers otherwise had under this section by the fire warden may be exercised by the chief fire warden for the rural fire district wherein the fire is burning and for such purpose references in this section to “ fire warden ” and “ fire warden’s district ” shall be deemed to be references to “ chief fire warden ” and “ rural fire district ” respectively.”. 14. Section twenty-three of the Principal Act is ^P®al of repealed and the following section is inserted in lieu of^ 23 ?^ that repealed section :— “ [23.] (1.) The provisions of this section shall apply Li^tmgof^ only with respect to land and parts of land within every elm S special fire zone having within its boundaries any state forest, national park, or timber reserve. vonm.

76 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, (2.) No person shall at any time light, maintain, or use, or suffer, cause, or permit to be lit, maintained, or used, a fire on any land or 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, unless— (i.) He has obtained a permit from the fire warden authorising him to light, maintain, and use such fire, and that permit remains then in force; and (ii.) Such fire is fit, maintained, and used in accordance with the authority given by that permit. (3.) (a) A person intending to light, maintain, or use on any land or on any part of any land a fire referred to in subsection two of this section shall— (i.) Firstly, seek the consent of each and every neighbour to the lighting of the fire on that land or part for such purpose ; and (ii.) Then 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 authorising him to light, maintain, and use such fire. (b) The application to the fire warden shall— (i.) Identify the land or part of the land on which the fire is to be lit; (ii.) Specify the purpose for which the fire is to be lit; and (iii.) Contain a statement of the names of each and every neighbour and as to whether or not the consent of all those neighbours has been obtained to the lighting of the fire on that land or part for the purpose specified in the application, and if the consent of all neighbours has not been obtained, shall also contain a statement distinguishing those neighbours from whom the consent has been obtained and those from whom the consent has not been obtained. Any such application lodged pursuant to this section with a chief fire warden shall be forwarded by him to the forest officer, or, where there is no forest officer, to the fire warden for the fire warden’s district wherein the fire is to be lit, if any, for the exercise under this subsection of the forest officer’s or, as the case

FIRE. 1955. Rural Fires Acts Amendment Act. may be, fire warden’s discretion thereon, and any application as aforesaid lodged with a fire warden may be forwarded by him to the forest officer as aforesaid for the exercise by that officer of such discretion. (c) Upon receipt by him of an application under this subsection the fire warden or the forest officer, as the case may be, may, in his discretion, issue a permit for such period (but so that no such permit shall exist for a longer period than fourteen days) and subject to such conditions as he thinks fit, or refuse to issue a permit. A permit issued under this subsection shall— (i.) Specify the period for which that permit subject to this Act exists; (ii.) Identify the land or part on which the fire is to be lit; and (iii.) Specify the conditions subject to which that permit is issued. Without limiting the conditions which the fire warden may, in his discretion, subject any such permit, whether for the purpose of controlling the fire thereby authorised or otherwise, those conditions— (a) Shall include a condition that prior to the lighting of the fire notice of the obtaining of such permit shall be given by the permittee to each and every neighbour from whom consent has not been obtained to the lighting thereof; and ( b ) May include a condition that notice of the time at which it is intended to light the fire shall be given to each and every neighbour and to the fire warden at least two hours before such time and that the fire is lit at that time. (d) Every permit issued under this section shall only give authority for the lighting, maintaining, and use of a fire, during the period for which that permit exists, on the land or part of land identified and for the purpose and subject to all the conditions specified therein. (e) The fire warden in his discretion may, by notice in writing given to the permittee at any time before the fire is lit, cancel any permit issued under this section, in which event that permit shall cease to be in force and to give any authority. 77

78 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, (4.) The fire warden who issues 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 within the boundaries of the special fire zone wherein the fire the subject of the 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 and, if he thinks fit, render to the permittee such assistance therein as he considers necessary. (5.) In this section the term “ the fire warden,” unless the contrary intention appears, means the forest officer having authority in respect of any state forest, national park, or timber reserve within the boundaries of the special fire zone wherein the fire the subject of the permit is to be or is lit, or if no such forest officer is readily available, the fire warden for the fire warden’s district wherein the fire is to be lit, or, if the office of that fire warden is vacant or he is not readily available or if the fire is to be lit upon land which is not within a fire warden’s district, then the chief fire warden for the rural fire district wherein the fire is to be lit.”. Am ndments 15. Section twenty-four of the Principal Act is ofe.24. amended by repealing therein the words “ of which he, being a person who should have been notified of the fighting 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 by inserting, in lieu of those repealed words, the words “ and who has not been previously notified, whether by the person fighting that fire or by a chief fire warden, fire warden, or forest officer, of the intention to fight that fire,”. Amendment 16. Section twenty-five of the Principal Act is °fs. 25. amended by inserting after the first paragraph thereof the following paragraph— “Any person notified under this section by a chief fire warden, who fails without reasonable excuse, the proof of which shall fie upon him, to comply in every respect with the directions contained in that notification, shall be guilty of an offence against this Act.”.

FIRE. 79 1955. Rural Fires Acts Amendment Act. 17. Section twenty-six of the Principal Act is Amendment, amended— of s- 26‘ (i.) By repealing subsection one thereof and by inserting, in lieu of that repealed subsection, the following subsection:— “(1.) Every person holding any lease, license, Duty of permit, or other authority, or entitled to any right or o/Xte*0'’ privilege under any agreement, in respect of any land, forest. &e. area, or other part of any state forest, timber reserve, or national park shall— (a) At all times make all reasonable provision for preventing, detecting, controlling, and extinguishing rural fires on that part of the state forest, timber reserve or, as the case may be, national park ; and (b) On becoming aware of any fire burning on the part as aforesaid, or burning elsewhere, is likely to spread to such part (which is not a fire authorised under this Act to be lit on that part), promptly do everything reasonably within his power to extinguish the fire, whether or not there is an immediate danger of it causing damage, and shall forthwith cause the nearest forest officer to be notified of the fire and of the measures taken by him to extinguish the same, and if, at the time of so notifying the forest officer, the fire is not extinguished, he shall continue so far as possible to endeavour to control and extinguish the fire until it is brought under control or until he obtains the approval of the forest officer to desist.” ; and (ii.) By adding to that section the following subsection— “ (4.) Nothing contained in this section shall be construed as relieving any person referred to in subsection one of this section from any liability or obligation to which he may be subject under his lease, license, permit, other authority, or agreement, or under any other Act or law, and the provisions of this section shall be construed in addition to and not in derogation of the provisions of any other Act.”. 18. Section twenty-nine of the Principal Act is Amendment, amended by repealing in subsection one thereof theof8‘29' words “ to bum or permits given to burn shall be deemed

80 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, to be null and void and of no effect in the fire emergency district or districts ” and by inserting, in lieu of those repealed words, the words “ to light any rural fires, and all permits issued under this Act authorising the lighting of any rural fires, in the fire emergency district or districts in question shall be deemed to be cancelled ”. Amendments 19, Section thirty-four of the Principal Act is ofs'34' amended— (i.) By repealing therein the words “ bush fire which ” and by inserting, in lieu of those repealed words, the words “ rural fire which ” ; and (ii.) By inserting in subparagraph (c) thereof before the words “ inflammable material ” the word “ other Amendments 20. Section thirty-six of the Principal Act is ° 8’ ' amended by repealing therein the words “ bush fire ” and by inserting, in lieu of those repealed words, the words “ rural fire ” wherever such words occur. Amendment 21. Section thirty-seven of the Principal Act is ° *’ ' amended by repealing therein the words “ bush fire is ” and by inserting, in lieu of those repealed words, the words “ rural fire is Amendment 22. Section thirty-eight of the Principal Act is of s'38 amended by adding thereto the following paragraphs— “All equipment provided, and all equipment the purchase of which is subsidised, by the Board under this section, whether provided or, as the case may be, subsidised before, on, or after the commencement of *“ The Rural Fires Acts Amendment Act of 1955,” shall, notwithstanding anything contained in section thirty-three of this Act, remain the property of the Crown in right of this State and may be repossessed by the Board upon the cancellation of the registration of the bush fire brigade in question or upon the bush fire brigade in question ceasing for any reason whatsoever to function. Equipment repossessed under this section by the Board may be disposed of in such manner as it sees fit. No person shall, without the prior permission in writing of the Board, sell or otherwise dispose of at any time any equipment the property pursuant to this section of the Board.”. * This Act.

FIRE. 81 1955. Rural Fires Acts Amendment Act. 23. Section forty of the Principal Act is amended by repealing therein “ bush fire burning ” and by inserting, in lieu of those repealed words, the words “ rural fire burning ' 24. Section forty-one of the Principal Act is of repealed and the following section is inserted in lieu ofgn4i“ew that repealed section— “ [41. (1.) No liability shall attach to the Crown, saving from or the Minister, or the Board, or any inspector, chief fire certainties, warden, fire warden, forest officer, officer of any bush fire brigade, or other authorised person, or other person whomsoever in respect of any damage to property occasioned by any person as aforesaid in the exercise in good faith of his powers, duties, or obligations pursuant to this Act at or in connection with any fire, but the damage shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire covering the damaged property, and every such policy of insurance, whether issued before or after the commencement of *“ The Rural Fires Acts Amendment Act of 1955,” shall notwithstanding anything therein contained be read and construed accordingly. (2.) No liability shall attach to the Crown, or the Minister, or the Board, or any inspector, chief fire warden, fire warden, forest officer, officer of any bush fire brigade, or other authorised person in respect of any loss, injury, or damage sustained by any person as the result of the doing of any act, matter, or thing pursuant to any order, direction, requirement, or permit given, imposed, or granted pursuant to this Act if the order, direction, requirement, or permit was given, imposed, or granted in good faith.”. 25. Section forty-four of the Principal Act is Repeal of repealed and the following section is inserted in lieu ofg'41now that repealed section—: “[44.] (1.) (a) For the purpose of preventing, ^the controlling, and suppressing the outbreak of rural fires, direct the the Board may from time to time issue directions under ^ing of this section given to all or any sawmillers, charcoal measures, burners, lime burners, operators of engines (whether locomotive, traction, stationary, or portable engines) and other persons whose operations are likely in the opinion of the Board to provide a source of fire danger. * This Act.

FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, ( b ) Any such direction may be given by notice in writing to any individual person, or given, by notification in the Gazette and by publication in such newspaper or in such other manner including wireless broadcast as the Board deems expedient, to all persons of the class or classes specified therein. In the latter case, the direction shall be deemed to be given on the date of the publication in the Gazette of the notification irrespective of the date of the publication in any newspaper or in any other manner, and may, subject to subsection one of this section, apply throughout the State or, according to the direction, may apply only in such locality or localities as specified therein. (c) A direction under this section may require the doing of all or any of the things following— (i.) The removal or disposition otherwise, within the time specified and otherwise in accordance with the requirements of the direction, of such inflammable material, or all inflammable material of the kind, as may be specified or, according to the direction, all inflammable material resulting from the operations carried on by the person or persons to whom the direction is given; (ii.) The equipment of any specified thing or things (including, but without limiting the generality thereof, locomotive, traction, stationary, or portable engines, tractors, burners, incinerators, destructors, furnaces, chimneys, smoke-stacks, exhaust pipes, and outlets which are likely to emit sparks, burning material, or fire), with effective spark arresters or such other devices for arresting or preventing the emission or escape of sparks, burning material, or fire therefrom as may be directed, within the time specified and otherwise in accordance with the requirements of the direction ; (iii.) The provision within the time specified and otherwise in accordance with the requirements of the direction of such works or apparatus for the protection of persons or property from fire, as may be specified ; (iv.) The taking within the time specified and otherwise in accordance with the requirements

FIRE. 83 1955. Rural Fires Acts Amendment Act. of the direction of such measures for the prevention of the escape of fire, as may be specified; (v.) The suspension of such operations as may be specified for the period stated in the direction. (2.) Every person to whom a direction under this section is or is deemed to be given shall comply in every respect with the requirements therein contained.”. 26. Section forty-five of the Principal Act is repealed. Repeal of 27. Section forty-six of the Principal Act is Amendments amended by repealing therein the words “bush fire ” olB'46' and by inserting, in lieu of those repealed words, the words “ rural fire ” wherever such words occur. 28. Subsection one of section forty-seven of the Amendments Principal Act is amended— °fs'47 U). (i.) By inserting therein after the words “ who finds any person committing any offence against this Act ” the words “ or who reasonably suspects any person of having committed an offence against this Act ” ; and (ii.) By repealing therein the words “ or breach ” and by inserting, in lieu of those repealed words, the words “ or suspected offence ”. 29. Section forty-eight of the Principal Act is Amendments amended— ofs. 48. (i.) By repealing subparagraph (a) thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph— “(a) (i.) (Except in the exercise in good faith of his powers, duties, or obligations pursuant to this or any other Act, or except with the consent of that other person, the Crown, or that Local Authority or public body, as the case may be, the proof of which in all such cases shall lie upon him), sets fire to or causes fire to be set to the land or property of another person, the Crown, or any Local Authority or public body; or (ii.) Sets fire to or causes fire to be set to any land owned or occupied by him or to any property on that land under such circumstances as to cause or be likely to cause injury or damage to the person, land, •

84 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, or property of another person or the land or property of the Crown, or any Local Authority or public body ; or ” ; (ii.) By repealing in subparagraph (6) thereof the words “ uses, or carries ” and by inserting, in lieu of those repealed words, the words “ or uses or carries ” ; also by adding to that subparagraph (6) the word “ or ” ; (iii.) By repealing subparagraphs (c) and (d) thereof and by inserting, in lieu of those repealed subparagraphs, the following subparagraphs :— “ (c) Throws, drops, places, or leaves any lighted match, pipe-ashes, lighted cigar, lighted tobacco, lighted cigarette, or any burning or smouldering substance within ten yards of any inflammable material; or ( d) Leaves whether temporarily or otherwise any fire which he has lit, maintained, or used in the open air before the same is thoroughly extinguished ; or ” ; (iv.) By adding to subparagraphs (/), (g), and (h) respectively thereof the word “ or ” ; (v.) By repealing in subparagraph (i) thereof the words “ under this Act issued by the Minister or by the Board or a fire warden, forest officer, or other authorised officer ” and by inserting, in lieu of those repealed words, the words “ issued under this Act ” ; also by adding to that subparagraph (i) the word “ or ” ; (vi.) By adding to subparagraph (j) thereof the word “ or ” ; and (vii.) By repealing in that section the words “ fifty pounds ” and by inserting in lieu of those repealed words, the words “ one hundred pounds ” ; by inserting therein after the words “ not exceeding six months ” the words “or to both such penalty and imprisonment ” ; by repealing therein the words “ one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ” ; and by adding to that section the words “or to both such penalty and imprisonment Amendments 30. Section forty-nine of the Principal Act is °fs. 40. amended— (i.) By repealing therein all words commencing with and including the words “ Any person ” to and including the words “ public body ’ and by inserting

FIRE. 85 1955. Rural Fires Acts Amendment Act. in lieu of those repealed words, the words “ Any person who wilfully and without lawful authority, justification, or excuse places any inflammable material, or does any other act, in any place for the purpose of causing any rural fire and with intent thereby to injure any person or property ” ; and (ii.) By repealing therein the words “ one hundred pounds ” and by inserting therein the words “ five hundred pounds 31. Section fifty of the Principal Act is amended— Amendments (i.) By repealing therein the words “ fifty pounds ” ° s' ‘ and by inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; and (ii.) By repealing therein the words “ one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds ”. 32. Section fifty-one of the Principal Act is Repeal of repealed and the following section is inserted in lieUgn 5 i.new of that repealed section— “ [57.] Subject to section forty-one of this Act, Liability in nothing in this Act and no conviction, payment, penalty, damage,°&c„ or proceeding under this Act shall take away or affect caused by any right of action or other remedy at common law orrural fires' otherwise had in respect of any loss, injury, or damage . caused by the wilful, reckless, or negligent use of fire, but no person shall be held to be wilful, reckless, or negligent in the use in any rural fire district of any fire to which this Act relates— (i.) If he lights that fire under the authority of a permit issued under this Act, and in relation to that fire, he complies in every respect with the conditions subject to which that permit is issued and he does not contravene in any other respect the provisions of this Act; or (ii.) (In the case of a fire to which section thirteen of this Act applies, which is not lit under the authority of a permit issued under this Act, and the lighting of which is not prohibited by or under this Act) if he— (a) Gave the notices required to be given by and in accordance with the said section;

86 FIRE. Rural Fires Acts Amendment Act. 4 E liz . II. No. 6, (6) Before lighting the fire, constructed firebreaks approved by the fire warden; . (c) Had in attendance under his direction, at all times while the fire was burning and until the fire was extinguished, assistance and equipment approved by the fire warden as being sufficient to control the fire ; (d) Lit the fire not earlier than three o’clock in the afternoon; (e) Lit the fire on a day when the wind velocity did not exceed ten miles per hour and the temperature did not exceed ninety degrees Fahrenheit: (/) Lit the fire against the direction of the wind (if any) and in such a manner that the fire was not reasonably likely to leap the firebreaks referred to in subparagraph ( b ) of this paragraph ; (g) Carried out and observed all precautions required by or under this Act; and (h) (In an appropriate case, upon the fire covering the area to be burned), completely extinguished all burning material within one half of a chain of the perimeter of the fired area or moved all burning material further within the fired area to a distance of at least one half a chain from the perimeter of that area, and he patrolled that area in such a manner and for such time as to ensure that the fire was not reasonably likely to spread beyond the perimeter of the area fired. In this section the term “ fire warden ” means the fire warden for the fire warden’s district wherein the fire is lit, or, if the fire is lit on land which is not within a fire warden’s district, then the chief fire warden for the rural fire district wherein the fire is lit.”. Amendments 33. Section fifty-two of the Principal Act is of s. 52. amended— (i.) By renumbering that section subsection one of the said section ; and

FIRE. 87 1955. Rural Fires Acts Amendment Act. (ii.) By adding to that section the following subsection— “ (2.) Where any chief fire warden, fire warden, forest officer, or other authorised person is authorised by this Act, consequent upon the making of any determination or the exercising of any discretion or the issuing of any permit or the giving of any order or direction under this Act, to make any further determination, to exercise any further discretion, or, as the case may be, to take any further steps in connection with that permit, order, or direction, then that further determination may be made, that further discretion may be exercised, or, as the case may be, those further steps taken by his successor for the time being, if any.”. 34-. Subsection one of section fifty-three of the Amendment Principal Act is repealed. ofs‘53' 35. Section fifty-four of the Principal Act is Amendments amended— ofs'54' (i.) By renumbering that section subsection one of the said section ; (ii.) By inserting in that section as so renumbered after the words “ authorised ” the words “ by this Act ” ; and (iii.) By adding to that section as so renumbered the following subsection— “ (2.) The identification, in any application, request, determination, order, permit, direction, or requirement under this Act, of any land, area, or locality, or any part of any land, area, or locality may be made by any means of reference reasonably sufficient.”. , 36. Section fifty-six of the Principal Act is amended Amendment by adding thereto the following subsection :— 0 s' ‘ “ (4.) In any proceedings for the lighting, maintaining, or use of a fire in contravention of any provision of this Act, it shall be a defence that the person proceeded against lit, maintained, or, as the ease may be, used that fire with the authority of another person who, at the time and place and under the circumstances when, where, and under which the fire was lit, maintained, or, as the case may be, used, could light, maintain, or, as the case may be, use that fire without contravening that provision.”.