Forests (Fire Protection) Amendment Regulations 2010

i Forests (Fire Protection) Amendment Regulations 2010 S.R. No. 57/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 General prohibition 2 7 Extinguishment of fire in open air 2 8 Fire in open air must be extinguished at direction of authorised officer or police 3 9 Campfires and barbeques using solid fuel 3 13 Campfires and barbeques using solid fuel 3 10 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel 5 14 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel 5 11 Bee farming 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2010 S.R. No. 57/2010 Forests Act 1958 Forests (Fire Protection) Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 30 June 2010 Responsible Minister: GAVIN JENNINGS Minister for Environment and Climate Change TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Forests (Fire Protection) Regulations 2004 to— (a) remove the definitions of campfire or barbeque, liquid fuel, gaseous fuel or chemical solid fuel and solid fuel; and (b) exclude the applicability of several offences relating to campfires and barbeques to any State forest, protected public land or national park; and (c) substitute references to regulated fire area. 2 Authorising provisions These Regulations are made under sections 99 and 99A of the Forests Act 1958. -- 2 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 2 3 Commencement These Regulations come into operation on 1 July 2010. 4 Principal Regulations In these Regulations, the Forests (Fire Protection) Regulations 2004 1 are called the Principal Regulations. 5 Definitions (1) In regulation 5 of the Principal Regulations, the definitions of campfire or barbeque, liquid fuel, gaseous fuel or chemical solid fuel and solid fuel are revoked. (2) In regulation 5 of the Principal Regulations, insert the following definition— "regulated fire area has the same meaning as in section 66A(2) of the Act;". 6 General prohibition In the note at the foot of regulation 7 of the Principal Regulations— (a) for "a State forest, protected public land or national park" substitute "a regulated fire area"; (b) for "not State forest, protected public land or national park" substitute "not a regulated fire area". 7 Extinguishment of fire in open air In the note at the foot of regulation 8 of the Principal Regulations— (a) for "a State forest, protected public land or national park" substitute "a regulated fire area"; r. 3 -- 3 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 3 (b) for "not State forest, protected public land or national park" substitute "not a regulated fire area". 8 Fire in open air must be extinguished at direction of authorised officer or police In the note at the foot of regulation 9 of the Principal Regulations— (a) for "a State forest, protected public land or national park" substitute "a regulated fire area"; (b) for "not State forest, protected public land or national park" substitute "not a regulated fire area". 9 Campfires and barbeques using solid fuel For regulation 13 of the Principal Regulations substitute— "13 Campfires and barbeques using solid fuel (1) Subject to subregulation (2), a person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area during the prohibited period unless the fire is lit— (a) in a properly constructed fireplace; or (b) in a trench at least 30 centimetres deep. (2) A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area in an area that is described in Column 1 of Part 1 of the Schedule during the corresponding period specified in Column 2 of Part 1 of the Schedule unless the fire is lit, kindled or maintained in a properly constructed fireplace provided by the person or authority r. 8 -- 4 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 4 responsible for the management and control of that area. (3) A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area that is not a regulated fire area during the prohibited period unless— (a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and (b) the fire does not occupy an area exceeding one square metre; and (c) the dimensions of the solid fuel used are the minimum necessary for the purpose. (4) A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area that is not a regulated fire area in an area that is described in Column 1 of Part 1 of the Schedule during any of the corresponding period specified in Column 2 of Part 1 of the Schedule that is not during the prohibited period unless— (a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and (b) the fire does not occupy an area exceeding one square metre; and r. 9 -- 5 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 5 (c) the dimensions of the solid fuel used are the minimum necessary for the purpose. Note Under section 63(1) of the Act, a penalty of not more than 100 penalty units, imprisonment for not more than 2 years or both may apply to a contravention of this regulation if the fire is in a regulated fire area. Under section 63(2) of the Act, a penalty of not more than 50 penalty units, imprisonment for not more than 1 year or both may apply to a contravention of this regulation if the fire is in a fire protected area which is not a regulated fire area. See sections 66B(1) and 66C of the Act for further offences relating to the lighting, kindling and maintaining of campfires and barbeques using solid fuel in the open air in a regulated fire area.". 10 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel For regulation 14 of the Principal Regulations substitute— "14 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel (1) A person must not light, kindle or maintain a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area during the prohibited period unless— (a) the fire is contained in an appliance designed and commercially manufactured to use that fuel; and (b) the appliance when alight is placed in a stable position. r. 10 -- 6 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 6 (2) A person must not light, kindle or maintain a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area that is not a regulated fire area during the prohibited period unless the ground and airspace within a distance of 1·5 metres of the appliance are clear of flammable material. Note Under section 63(1) of the Act, a penalty of not more than 100 penalty units, imprisonment for not more than 2 years or both may apply to a contravention of this regulation if the fire is in a regulated fire area. Under section 63(2) of the Act, a penalty of not more than 50 penalty units, imprisonment for not more than 1 year or both may apply to a contravention of this regulation if the fire is in a fire protected area which is not a regulated fire area. See section 66B(2) of the Act for a further offence relating to the lighting, kindling or maintenance of a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a regulated fire area.". 11 Bee farming In the note at the foot of regulation 24 of the Principal Regulations— (a) for "a State forest, protected public land or national park" substitute "a regulated fire area"; (b) for "not State forest, protected public land or national park" substitute "not a regulated fire area". ═══════════════ r. 11 -- 7 of 8 -- S.R. No. 57/2010 Forests (Fire Protection) Amendment Regulations 2010 7 ENDNOTES 1 Reg. 4: S.R. No. 77/2004. Endnotes -- 8 of 8 --