Rural Fires Acts Amendment Act of 1964 (Qld)

139 Qttrruslanbr ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1964 An Act to Amend "The Rural Fires Acts, 1946 to 1958," in certain particulars [ASSENTED TO 6TH APRIL, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Rural Fires Acts Amendment Act of 1964." (2) Principal Act. " The Rural Fires Acts, 1946 to 1958 ," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Rural Fires Acts, 1946 to 1964." 2. Amendments of s. 4. Section four of the Principal Act is amended by- (a) in the definition " Adjoining " omitting the two provisoes and inserting in their stead the following proviso:- " Provided that lands shall be deemed adjoining where they are separated by a watercourse, road or firebreak, unless that watercourse, road or firebreak is of not less than one half of one chain in breadth and is clear of all inflammable vegetation for the distance of one half of one chain in every, direction.";

140 Rural Fires Acts Amendment Act of 1964, No. 13 (b) in the definition " Forest officer " omitting the symbols and words " " The State Forests and National Parks Acts, 1906 to 1941 " " and inserting in their stead the symbols and words " " The Forestry Act of 1959""; (c) in the definition " National Park " omitting the symbols and words " " The State Forests and National Parks Acts, 1906 to 1941 " " and inserting in their stead the symbols and words " " The Forestry Act of 1959 " "; (d) after the definition " Rural fire district ", inserting the following definition:- " Scenniicc Area "- Land set apart and declared or deemed to be set apart and declared under " The Forestry Act of 1959 " as a Scenic Area; "; (e) in the definition " State Forest " omitting the symbols and words " " The State Forests and National Parks Acts, 1906 to 1941 " " and inserting in their stead the symbols and words " " The Forestry Act of 1959"" 3. Amendments of s. 13. Section thirteen of the Principal Act is amended by- (a) in subsection (1):- (i) inserting before the words " No person shall ", the words " Except as provided in subsection (2) of this section "; (ii) omitting paragraph (i); (iii) omitting the word " or " situated between paragraph (i) and paragraph (ii); (iv) omitting the brackets and numerals " (ii) (b) omitting subsection (2) and inserting in its stead the following subsection :- " (2) (a) Subject as _ hereinafter provided, the provisions of subsection (1) of this section shall not apply to the occupier of land which has been assigned to a sugar mill in accordance with the provisions of " The Regulation of Sugar Cane Prices Act of 1962 " in relation to the burning off on that land of sugar cane. (b) The occupier of that land, may burn sugar cane in accordance with and at the times recognised by the established practice of the sugar cane industry as may be affected from time to time by an award made by the relative Local Board pursuant to " The Regulation of Sugar Cane Prices Act of 1962 " or as may be varied from time to time as prescribed. (c) Where a block of cane adjoins land which has not been assigned to a mill as aforesaid, this subsection shall not apply to the burning of that block of cane."; (c) in subsection (3):- (i) omitting in the first paragraph of paragraph (a) the words " and who does not give the notices required to be given under subsection (2) of this section "; (ii) in the first paragraph of paragraph (b) omitting the brackets and words " (but so that no such permit shall exist for a longer period than fourteen days) ";

Rural Fires Acts Amendment Act of 1964, No. 13 141 (iii) omitting the third paragraph of paragraph (b), being the paragraph commencing with the words " Without limiting " and concluding with the words " is lit at that time," and inserting in its stead the following paragraph:- " 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 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 may include any one or more of the following conditions:- (iv) 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; (v) that the permittee shall allow the fire warden to assist him to such extent as the fire warden thinks fit in the commence- ment and control of the fire; (vi) that where the fire is lit, maintained, or used within a district in which a bush fire brigade operates, the bush fire brigade shall have complete control and direction over such fire."; (d) in subsection (4), inserting before the words " In this section " the words " Subject to subsection (5) of this section,"; (e) omitting subsection (5) and inserting in its stead the following subsection :- " (5) Where any fire the subject of a permit under this section is to be lit, maintained, or used on any land or on part of any land which is situated within a special fire zone, having within its boundaries any State Forest, National Park, Scenic Area, or Timber Reserve, the term " fire warden " means- (a) the forest officer or other officer who is for the time being holding or discharging the duties of the officer in charge of such State Forest, National Park, Scenic Area or Timber Reserve as the case may be; or (b) if no such forest officer or other officer is readily available, the fire warden for the fire warden's district wherein the fire is to he lit, maintained, or used; or (c) if the office of that fire warden is vacant or if he is not readily available or where the fire is to be lit, maintained, or used upon land which is not within a fire warden's district, the chief fire warden for the rural fire district wherein the fire is to be lit, maintained, or used." 4. Amendments of s. 14 . Section fourteen of the Principal Act is amended by- (a) in subsection (1) omitting in paragraph (a) the words " To whom a notice of intention to light a fire has been given under section thirteen, or "; (b) in subsection (1) omitting in paragraph (a) the word " twenty- three " and inserting in its stead the word " thirteen "; (c) in subsection (2) inserting in paragraph (c) after the words within a fire warden's district," the words " or where the person intending to light the fire is the fire warden aforesaid,".

142 Rural Fires Acts Amendment Act of 1964, No. 13 5. Amendments of s. 15 (2). Subsection (2) of section fifteen of the Principal Act is amended- (a) in paragraph (b) by omitting the words and brackets " (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) "; (b) in paragraph (c) and, in addition, in the sixth paragraph (being the paragraph commencing with the words " If the chief fire warden ") by omitting the words and brackets " (but so that no such permit shall exist for a longer period than fourteen days) ". 6. Amendment of s. 16. Section sixteen of the Principal Act is amended by, in the fourth paragraph of subsection (1) omitting the words and brackets " (but so that no such permit shall exist for a longer period than fourteen days) ". 7. Amendments of s. 17. Section seventeen of the Principal Act is amended by- (a) in subsection (1) inserting after paragraph (a) the following paragraphs :- " (b) For any purpose which the Board (which is hereby thereunto authorized) has by notification published in the Gazette prohibited in respect of the whole or such part or parts of the State as therein specified; or (c) For any purpose which the Board (which is hereby thereunto authorized) has by notification published in the Gazette regulated in respect of such matters and things as the Board deems necessary or expedient unless that person complies in every respect with that notification; or "; (b) in subsection (1) relettering paragraph (b) as paragraph (d); (c) in subsection (1) omitting in paragraph (d) as so relettered by this section, the words " 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 " and inserting in their stead the words " For any purpose, other than a purpose referred to in section thirteen of this Act or for the time being notified under either paragraph (b) or paragraph (c) of this subsection "; (d) in subsection (2) omitting the words " in subparagraph (b) " and inserting in their stead the words " in paragraph (d) ". 8. Insertion of s. 18 . The Principal Act is amended by inserting the following section after section seventeen:- " [18.] Owner or occupier to extinguish fire or notify warden. Where a fire (not authorised by this Act or not being carried out under and in accordance with this Act or any permit given thereunder) is burning on any land the occupier of such land shall immediately upon becoming aware of such fire and whether he has lighted or caused the same to be lighted or not- (a) take all possible steps to extinguish such fire; and (b) as soon as practicable report the existence and locality of such fire to the nearest available fire warden, forest officer, or member of the Police Force."

Rural Fires Acts Amendment Act of 1964, No. 13 143 9. Amendments of s. 19 . Section nineteen of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words " National Parks " the words and symbol " Scenic Areas,"; (ii) inserting after the words " National Park " the words and symbol " Scenic Area,"; (b) omitting subsection (2) and inserting in its stead the following subsection :- " (2) The Governor in Council may from time to time by Order in Council published in the Gazette vary any and every special fire zone by giving a description of the varied special fire zone or zones, as the case may be, and upon such publication the fire zone or zones, as the case may be, shall be varied accordingly." 10. Amendment of s. 20 . Section twenty of the Principal Act is amended by omitting the words " or phosphorus baits " and inserting in their stead the symbol and words ", phosphorus baits or explosives (including fireworks) ". 11. Insertion of new s . 21A. The Principal Act is amended by inserting, after section twenty-one, the following section:- " [21A.] Power of Board to order construction of firebreaks. The Board may order in writing that any occupier of land (including land assigned to a sugar mill in accordance with " The Regulation of Sugar Cane Prices Act of 1962 ") which adjoins land that- (a) is Crown land within the meaning of " The Land Acts, 1962 to 1963 "; (b) is land reserved for public purposes; or (c) comprises any State Forest, Timber Reserve, National Park, or Scenic Area, shall construct and maintain a firebreak or firebreaks to the standard specified by the Board, where in the opinion of the Board such firebreak or firebreaks are necessary for the protection of such adjoining land. A person who is an occupier as aforesaid shall carry out the terms of an order as aforesaid where the Board- (a) has served an order on the person in question; or (b) has published in the Gazette an order directed to all persons who are engaged in a particular industry or industries, or a particular pursuit or pursuits and in such area or areas as specified in the order and that person is so engaged. A person failing to comply in any respect with an order made under this section shall be guilty of an offence against this Act." 12. Repeal of s. 23. The Principal Act is amended by repealing section twenty-three. 13. Amendments of s. 25 . Section twenty-five of the Principal Act is amended by- (a) omitting the first and second paragraphs and inserting in their stead the following paragraphs:- " 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 Board or of the chief fire warden for the rural fire district in which

144 Rural Fires Acts Amendment Act of 1964, No. 13 the fire hazard is created is likely if ignited to cause damage to the land or property of any other person or of any Local Authority or of any other Local Authority or of the Crown, the Board or, as the case may be, the chief fire warden may notify the person creating such hazard accordingly and may direct that any measures which it or, as the case may be, he considers necessary to abate such hazard be taken, and may specify the time at or within which such measures shall be taken. Any person notified under this section by the Board or a chief fire warden, who fails without reasonable excuse, the proof of which shall lie upon him, to comply in every respect with the directions contained in that notification, shall be guilty of an offence against this Act." (b) adding the following paragraph:- " This section applies to a fire hazard, as specified in this section. created by a Local Authority as well as to such a fire hazard created by any other person, and for the purpose of such application the provisions of this section shall be read with and subject to all necessary adaptations.". 14. Repeal of and new s. 27. Section twenty-seven of the Principal Act is omitted and the following section inserted in its stead:- " [27.] Declaration of state of emergency . The Minister, on the recommendation of the Board, may declare that a state of fire emergency exists within a particular area or areas as defined in the declaration, which area or areas may be the whole, or a part or parts, of the State. Whilst that state of emergency exists, the area or areas in respect thereof shall be a fire emergency district or fire emergency districts, as the case may be. A declaration as aforesaid (herein called " an emergency declaration") may be- (a) published in the Gazette; or (b) published in any newspaper or newspapers circulating in the fire emergency district or a fire emergency district to which the declaration relates; or (c) broadcasted from a broadcasting station within Queensland, and the declaration, and any direction therein by the Minister shall take effect from the date of publication or broadcast, as the case may be. In the case of any declaration which has been published in a newspaper or has been broadcast, the Minister shall as soon as may be after making such declaration cause a notification thereof and of the date of the issue thereof by him and of any directions issued by him therein pursuant to section twenty-eight of this Act to be published in the Gazette." 15. Repeal of and new s. 28. Section twenty-eight of the Principal Act is omitted and the following section inserted in its stead:- [28.] Powers of Minister in fire emergency . (1) The Minister may in an emergency declaration or at any time whilst a fire emergency exists direct: (a) that- (i) the lighting of all or certain types of fires in the open air; or (ii) the lighting of any fires in the open air other than those specified in the direction, shall be prohibited;

Rural Fires Acts Amendment Act of 1964, No. 13 145 (b) that the lighting of those types of fires which are not prohibited pursuant to a prohibition under paragraph (a) of this subsection shall be subject to the conditions specified in the direction; (c) that a permit shall be obtained from the authority or one of the authorities specified in the direction before any person lights a fire in the open air: Provided that any authority so specified may either refuse to issue such permit or may issue such permit for such period and subject to such conditions as that authority thinks fit; (d) that any person finding a fire burning in the open air shall- (i) take all possible steps to extinguish such fire; and (ii) as soon as practicable report the existence and locality of such fire to the nearest available fire warden, forest officer, or member of the Police Force; (e) that the Board either by itself or any of its officers may take all steps which it or such officer deems necessary or expedient to abate the fire emergency and that for this purpose the Board may inter alia requisition the services of any person or any animal belonging to any person, or any plant or materials of any description for fire fighting or fire prevention; (f) that the use of producer gas units or any other appliance or material specified in the direction which is or is likely to cause a fire hazard shall be prohibited. Any and every such direction shall apply in the fire emergency district or fire emergency districts specified by the Minister. (2) The Minister may from time to time issue different directions with respect to different parts of a fire emergency district or different directions with respect to different fire emergency districts. (3) The Minister may also from time to time amend or revoke any direction issued by him. (4) A direction issued by the Minister otherwise than in an emergency declaration may be- (a) published in the Gazette; or (b) published in any newspaper or newspapers circulating in the fire emergency district or a fire emergency district to which the direction relates; or (c) broadcasted from a broadcasting station within Queensland, and shall take effect from the date of publication or broadcast, as the case may be. In the case of any direction which has been published in a newspaper or has been broadcasted the Minister shall as soon as may be after issuing such direction cause a notification thereof and of the date of the issue thereof by him to be published in the Gazette. (5) Any person who in any respect contravenes or fails to comply with any direction issued by the Minister under this section, shall be guilty of an offence and shall be liable to a penalty of not more than two hundred pounds or to imprisonment for a term not exceeding twelve months or to both such penalty and imprisonment.

146 Rural Fires Acts Amendment Act of 1964, No. 13 (6) In any proceedings for an offence against this section a certificate purporting to be signed by the Minister and stating that any declaration or direction therein was made or issued by him and published or broadcasted as specified therein on the date specified therein shall be evidence of the facts stated in the certificate and until the contrary is proved shall be conclusive such evidence." 16. Amendments of s. 32. (1) Section thirty-two of the Principal Act is amended by- (a) omitting in paragraph (ii) of subsection (1) the words " shall issue a certificate of registration " and inserting in their stead the words " assign a registered number to that brigade "; (b) in subsection (2), omitting paragraph (i) and inserting in its stead the following paragraph- s (i) The Board shall as soon as is practicable after the registration of a bush fire brigade, publish in the Gazette a description of the district within which, except as provided in this Act, that brigade may operate."; (c) in subsection (2), inserting after paragraph (ii) the following paragraph:- " (iii) The Board may from time to time vary the description of any bush fire brigade district and shall, as soon as practicable thereafter publish in the Gazette a description of that bush fire brigade district as varied."; (d) renumbering paragraph (iii) as paragraph (iv). (2) The provisions of this section shall not affect the efficacy of, or derogate from, any certificate of registration granted by the Board to a bush fire brigade prior to the commencement of " The Rural Fires Acts Amendment Act of 1964 ". 17. Amendments of s. 34 . Section thirty-four of the Principal Act is amended by- (a) in the first paragraph inserting before the words " all or any of the following powers " the words and brackets " (within the boundaries of the district within which the bush fire brigade may operate save as provided in section forty of this Act) "; (b) in paragraph (a) inserting after the words " other persons " the words " or bush fire brigades or of any fire brigade ". 18. Amendment of s. 35 . Section thirty-five of the Principal Act is amended by, in paragraph (ii.) inserting before the words " and with respect " the words " or in the absence of the first officer or other officer of a bush fire brigade,". 19. Amendment of s. 37. Section thirty-seven of the Principal Act is amended by, after the words " National Park ", inserting the words and symbol " Scenic Area,".

Rural Fires Acts Amendment Act of 1964, No. 13 147 20. Amendment of s. 38 . Section thirty-eight of the Principal Act is amended by omitting in the first paragraph the words " or the Forestry Board constituted under " The State Forests and N. ational Parks Acts, 1906 to 1941 " " and inserting in their stead the words " or the Department of Forestry as constituted by " The Forestry Act of 1959 " ". 21. Amendment of s. 41 . Section forty-one of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (3) Where any officer of a bush fire brigade formed or organised in accordance with the Bush Fires Act, 1949-1958 of New South Wales or any fire control officer appointed pursuant to that Act of that State determines in good faith that in respect of either a rural fire burning within this State which may continue burning into the State of New South Wales or in respect of a rural fire burning in the State of New South Wales which may continue burning into this State it is necessary that he enter this State for the purpose of extinguishing that fire, any officer of a bush fire brigade formed or organised as aforesaid, any fire control officer appointed as aforesaid, or any person under the control of either such classes of officers shall, subject to subsection (4) of this section be an authorised person for the purpose of this section so far as relates to the exercise in good faith by him at or in connection with such fire of his powers, duties or obligations pursuant to the said Act of New South Wales. (4) Any officer of a bush fire brigade formed or organised in accordance with the Bush Fires Act, 1949-1958 of New South Wales, any fire control officer appointed pursuant to that Act of that State, or any person under the control of either such classes of officers, extinguishing a rural fire whilst within Queensland shall obey any and every direction given him either generally or in a specific case by any inspector, forest officer, chief fire warden, fire warden, or any officer of a bush fire brigade registered under this Act." 22. Amendments of s. 47. Section forty-seven of the Principal Act is amended by- (a) in subsection (1) omitting the words and numerals " appointed under " The State Forests and National Parks Acts, 1906 to 1941," "; (b) after subsection (3) inserting the following subsection:- " (4) Any inspector, forest officer, member of the Police Force, and with respect to his rural fire district, any chief fire warden or in respect to his fire warden's district any fire warden may, in pursuance of any of his powers, duties or authorities under this Act or in order to determine whether an offence has been committed against this Act, enter at any time on any land whether or not a fire is burning on that land at that time."

148 Rural Fires Acts Amendment Act of 1964, No. 13 23. Amendments of s. 48 . Section forty-eight of the Principal Act is amended by- (a) renumbering that section to be subsection (1); and (b) adding to that section as so renumbered the following subsection:- " (2) Where the Board has information which indicates that any person has done any act or made any omission which constitutes an offence against this Act, the Board by a written notification under the hand of the Secretary of the Board may direct the attention of such person to the facts as known to the Board and such notification may contain a request for strict compliance with the provisions of this Act." 24. Amendments of s. 50 (3). Subsection (3) of section fifty of the Principal Act is amended by inserting- (a) after the words "one hundred pounds" the words "or to imprisonment for any term not exceeding six months or to both such penalty and imprisonment "; and (b) after the words "two hundred pounds" the words "or to imprisonment for any term not exceeding twelve months or to both such penalty and imprisonment ". 25. Amendment of s. 51 . Section fifty-one of the Principal Act is amended by, in paragraph (ii) of the first paragraph, omitting subparagraph (a). 26. Amendment of s. 54 . Section fifty-four of the Principal Act is amended by adding the following subsection- " (3) The boundaries of any district or area constituted, declared or defined under or pursuant to this Act or any regulation thereunder (including any variation , alteration or subdivision of such district or area ), may be sufficiently described for all purposes by reference to a plan or map kept in the office of the Surveyor-General of Queensland." 27. Amendments of s. 56 . Section fifty-six of the Principal Act is amended by- (a) in subsection (2) inserting after the word " order " appearing twice therein the words and symbols ", certificate, permit "; (b) inserting after subsection (2) as amended by this section the following subsection:- " (3) In any proceedings for an offence against this Act, the production of any map or plan purporting to be issued or published by any Department of the Government, or any officer thereof, shall be sufficient evidence of the matters stated or delineated thereon until the contrary is proved."; (c) renumbering subsections (3) and (4) of the Principal Act as subsections (4) and (5) respectively;

Rural Fires Acts Amendment Act of 1964, No. 13 149 (d) inserting after subsection (5) as renumbered by this section the following subsection:- " (6) In any proceedings for an offence against any provision of this Act requiring the reporting of a fire as soon as practicable to the nearest fire warden, nearest forest officer or nearest member of the Police Force, the allegation or averment in the complaint relating to such proceedings that- (a) any fire specified therein (whether by reference to the approximate time and place thereof, or otherwise so as reasonably to identify it) was not reported to the nearest fire warden, nearest forest officer or nearest member of the Police Force; or (b) such fire was not reported to one of such persons by a date or time therein specified, shall be sufficient evidence of the matter or matters, as the case may be, so alleged or averred, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that matter or those matters, as the case may be."