Bush Fires (Infringements) Regulations 1978
Bush Fires (Infringements) Regulations 1978 01-d0-00 Xml
Western Australia
Bush Fires Act 1954
Bush Fires (Infringements) Regulations 1978
Western Australia
Bush Fires (Infringements) Regulations 1978
Contents
1.Citation1
2.Interpretation1
3.Offences and penalties1
4.Prescribed officers1
5.Forms2
First Schedule
Second Schedule
Notes
Compilation table10
Defined terms
Western Australia
Bush Fires Act 1954
Bush Fires (Infringements) Regulations 1978
1.Citation
These regulations may be cited as the Bush Fires (Infringements) Regulations 1978 .
[Regulation 1 inserted: Gazette 22 December 1998 p.6860.]
2 .Interpretation
In these regulations —
infringement notice means a notice served pursuant to section 59A(2) of the Act;
the Act means the Bush Fires Act 1954 .
3 .Offences and penalties
The offences described in the First Schedule to these regulations are those prescribed for the purposes of section 59A of the Act and the amount appearing in the final column of that Schedule, directly opposite an offence, is the prescribed penalty in respect of that offence if dealt with under that section.
4 .Prescribed officers
For the purposes of section 59A(5) of the Act a prescribed officer is —
(a)in the case of an infringement notice issued by a local government, or at the request of a local government, or by a person acting pursuant to a delegation made by a local government pursuant to section 59(3) of the Act —the chief executive officer, mayor or president of the local government;
(b)in the case of an infringement notice issued by a person authorised by the Minister or issued by a person employed in the Department for the purposes of this Act — the FES Commissioner or a person employed in the Department authorised by the FES Commissioner;
(c)in the case of an infringement notice issued by a member of the Police Force — any commissioned officer of the Police Force;
(d)in the case of an infringement notice issued by an authorised CALM Act officer — the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Conservation and Land Management Act 1984 .
[Regulation 4 amended: Gazette 11 August 1978 p.2902; 22 December 1998 pp.6855 and 6860; 18 Sep 2018 p. 3511‑12.]
5 .Forms
The forms set out in the Second Schedule to these regulations are prescribed for the respective purposes for which forms are required by section 59A of the Act.
First Schedule
Item
Regulation or Section
Nature of offence
Penalty
Bush Fires Act 1954
$
1
Section 17(12)
Setting fire to bush during prohibited burning times
250
2
Section 18
Offences relating to burning of bush
250
2A
Section 22B(2)
Offences relating to fires in the open air during total fire ban
1 000
2B
Section 22C(5)
Failure to observe and carry out the conditions of an exemption from section 22B
1 000
3
Section 22(3)(a)
Failure to notify and obtain approval of local government before setting fire to bush on land adjoining exempt land
250
4
Section 22(3)(b)
Failure to prepare a fire break in accordance with section 22(3)(b) before setting fire to bush on land adjoining exempt land
250
5
Section 24B(3)(a)
Failure to produce permit to burn
100
6
Section 24B(3)(b)
Failure or refusal to identify person who issued permit to burn
100
6A
Section 24D
Burning garden refuse when fire danger is extreme or high
250
6B
Section 24E
Burning garden refuse at rubbish tip contrary to notice
1 000
6C
Section 24F
Burning garden refuse during limited burning times
250
6D
Section 24G
Burning garden refuse contrary to Ministerial or local government prohibition or restriction
250
7
Section 25
Offences relating to lighting of fires in the open air
250
8
Section 25A(4)
Failure to observe and carry out the conditions of an exemption from section 25
250
9
Section 25A(7)
Lighting a fire contrary to a notice issued under section 25A(5) by a local government
250
[10
deleted]
11
Section 26
Failure to carry out burning of proclaimed plants or refuse thereof in accordance with the regulations
250
12
Section 26A
Failure to carry out burning of declared plants or refuse thereof in accordance with the regulations
250
$
13
Section 27(1)
Offences relating to the operation of tractors, or self‑propelled harvesters, engines, machinery and vehicles during the prohibited and restricted burning times
250
14
Section 27(5)
Operation of a tractor or self‑propelled harvester without a fire extinguisher contrary to a notice issued by a local government
250
15
Section 27B(1)
Giving a false alarm of fire
250
16
Section 27C(1)
Vandalism
250
17
Section 27D(2)
Offence related to the carriage of incendiary material in a motor vehicle
250
18
Section 27D(3)
Offence relating to the depositing of incendiary material
250
19
Section 28(1)
Failure of occupier of land to extinguish a bush fire burning on that land
250
20
Section 30
Offences relating to the disposal of cigarettes, cigars and matches
100
21
Section 33(3)
Failure of owner or occupier of land to comply with a notice requiring him to take action to plough or clear firebreaks or take other action to prevent the outbreak or spread of bush fires
250
22
Section 46(2)
Lighting fire contrary to section 46 or failing to carry out directions of bush fire control officer, local government or forest officer
250
23
Section 47
Lighting a firebreak without direction while bush fire burning
250
24
Section 56(3)
Refusal to state name and abode or stating false name and abode
100
25
Section 57
Obstruction
250
Bush Fires Regulations 1954
$
26
Regulation 15(2)
Applying to another bush fire control officer for permit where permit already refused or granted subject to special conditions
250
27
Regulation 15B(1)
Failure to comply with conditions in regulation 15B in relation to the burning of the bush
250
28
Regulation 19A(1)
Failure to deliver prescribed notice of intention to burn clover
250
29
Regulation 19A(2)
Burning clover in an area or at a time other than that specified in a permit
250
30
Regulation 19A(3)
Failure to have 3 men in attendance during the burning of clover
250
31
Regulation 21
Burning clover contrary to conditions or requisitions specified in a permit
250
32
Regulation 21B(2)
Burning clover contrary to a direction given by a bush fire control officer
250
33
Regulation 22
Failure to notify or report the escape of a fire lit under permit
250
34
Regulation 22B(1)
Offence relating to burning under section 24A of the Act in certain parts of the State
250
35
Regulation 22B(2)
Failure to comply with a requisition of a bush fire control officer relating to burning under section 24A of the Act
250
36
Regulation 23(1) and (3)
Offences relating to charcoal burning
250
37
Regulation 37A
Offences relating to operation of bulldozer or road‑grader
250
$
38
Regulation 38
Operating harvesting machine or header during prohibited burning times or restricted burning times without fire extinguisher
250
39
Regulation 38A(3)
Operating or using engines, vehicles, plant or machinery contrary to notice or direction
500
40
Regulation 38A(4)
Failure to provide plough or other machine or equipment when required by local government
250
41
Regulation 38B(3)(a)
Operating any power saw, bag loader or other plant or equipment activated by an internal combustion engine contrary to harvest ban
500
42
Regulation 38B(3)(b)
Failure to fit spark arrester to power saw, bag loader or other plant or equipment
250
43
Regulation 38C(3)
Operating harvesting machine or header when prohibited
500
44
Regulation 39
Offences relating to operation of chaff cutting plants
250
45
Regulation 39A
Offences relating to operation of motor vehicles
250
46
Regulation 39B
Offences relating to operation of aeroplanes
250
47
Regulation 39C
Offences relating to operation of welding and cutting apparatus
250
47A
Regulation 39CA(3) and (4)
Offences relating to operation of bee smoker devices
250
47B
Regulation 39CA(5)
Failure to comply with directions of bush fire control officer
250
48
Regulation 39D(1)
Offences relating to use of explosives
250
$
49
Regulation 39D(2)
Failure to comply with directions of bush fire control officers as to use of explosives
250
49A
Regulation 39E(2)
Offences relating to the use of fireworks
250
49B
Regulation 39E(3)
Failure to comply with the directions of a bush fire control officer
250
50
Regulation 43(1)
Failure to give prescribed notification to local government regarding the occurrence of a bush fire
100
51
Regulation 44(a)
Failure by owner or occupier of land to give prescribed notice of intention to exercise powers conferred by section 34 of the Act
250
[First Schedule inserted: Gazette 23 November 1990 pp.5779‑82; amended: Gazette 22 December 1998 pp.6856 and 6860; 23 November 1999 p.5851; 18 July 2000 p.3863; 10 January 2003 p. 34-35; 18 Sep 2018 p. 3512; SL 2022/153 r. 4.]
Second Schedule
Form 1
Western Australia
BUSH FIRES INFRINGEMENT NOTICE
Bush Fires Act 1954 , section 59A(2)
No…………..
Date
/
/
M …………………………………….………………………………………
Surname (Block letters)Other Names (In full)
Address …………………………………………………………………………..
Number and Street
……………………………………….………………………………………........
Town or SuburbPostcode
It is alleged that at ………………………………………………………………..
on the
/
/
you committed the following offence: —
No.OffencePenalty
$
..........………….........................…...... ..........…………....
Name of officer issuing notice …………………………………………………...
You may dispose of this matter —
(a)by payment of the penalty as shown within 21 days of the date of the notice to ..................................................................................; or
(b)by having it dealt with by a Court.
If the penalty is not paid within 21 days court proceedings may be taken against you.
Form 2
Western Australia
WITHDRAWAL OF BUSH FIRES INFRINGEMENT NOTICE
Bush Fires Act 1954 , section 59A(5)
No…………..
Date
/
/
M …………………………………….………………………………………
Surname (Block letters)Other Names (In full)
Address …………………………………………………………………………..
Number and Street
……………………………………….………………………………………........
Town or SuburbPostcode
Bush Fires Infringement Notice No. ………………….Date //
for the alleged offence of ………………………………………………………...
…………………………………………………Penalty $ ………………….
is hereby withdrawn.
Strike out(a)No further action will be taken.
that not(b)It is proposed to institute court proceedings for the applicable.alleged offence.
Signature of
prescribed officer ………………...
Notes
This is a compilation of the Bush Fires (Infringements) Regulations 1978 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Bush Fires (Infringements) Regulations 1978
10 Mar 1978 p. 702‑4
10 Mar 1978
11 Aug 1978 p. 2902
11 Aug 1978
Bush Fires (Infringements) Amendment Regulations 1983
1 Jul 1983 p. 2111‑3
29 Jul 1983 (see r. 2)
Bush Fires (Infringements) Amendment Regulations 1990
23 Nov 1990 p. 5779‑82
21 Dec 1990 (see r. 2)
Bush Fires (Infringements) Amendment Regulations 1998
22 Dec 1998 p. 6860
22 Dec 1998 (see r. 2)
Bush Fires (Fire and Emergency Services Authority) Amendment Regulations 1998 ,
Part 3
22 Dec 1998 p. 6854-6
1 Jan 1999 (see r. 2 and Gazette 22 Dec 1998 p. 6833)
Bush Fires (Infringements) Amendment Regulations 1999
23 Nov 1999 p. 5851
23 Nov 1999
Bush Fires (Infringements) Amendment Regulations 2000
18 Jul 2000
p. 3863
18 Jul 2000 (see r. 2 and Gazette 18 Jul 2000 p. 3862)
Bush Fires (Infringements) Amendment Regulations 2003
10 Jan 2003 p. 33-35
10 Jan 2003
Bush Fires (Infringements) Amendment Regulations 2018
18 Sep 2018 p. 3511‑12
r. 1 and 2: 18 Sep 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Sep 2018 (see r. 2(b))
Bush Fires Regulations Amendment Regulations 2022 Pt. 2
SL 2022/153 26 Aug 2022
1 Sep 2022 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
infringement notice2
the Act2