Forests (Fire Protection) (Interim) Regulations 2004

Victorian Legislation Parliamentary Documents i Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Revocation 1 4. Definitions 2 5. Application of regulations 3 PART 2—GENERAL PROHIBITION 5 Division 1—Fires in the Open Air 5 6. General prohibition 5 7. Extinguishment of fire in open air 5 8. Fire in open air must be extinguished at direction of authorised officer or police 6 Division 2—Fires in Temporary Structures 6 9. Fires in temporary structures 6 10. Extinguishment of fire in temporary structure 7 11. Fire in temporary structure must be extinguished at direction of authorised officer or police 7 PART 3—CAMPFIRES AND BARBEQUES 8 Division 1—Campfires and Barbeques in the Open Air 8 12. Campfires and barbeques using solid fuel 8 13. Campfires and barbeques using liquid or gaseous fuel 9 Division 2—Campfires and Barbeques in Temporary Structures 10 14. Campfires and barbeques using liquid or gaseous fuel in temporary structures 10 -- 1 of 31 -- Victorian Legislation Parliamentary Documents Regulation Page ii PART 4—ENGINES AND EQUIPMENT 12 15. Stationary engines 12 16. Non-stationary engines 13 17. Welding, grinding, soldering or gas cutting equipment 14 PART 5—SAWMILLS AND COMMERCIAL OPERATIONS 16 18. Registration of sawmills by the Secretary 16 19. Applications for registration of sawmills 16 20. Clearing of area around sawmill or commercial operation 17 21. Fire fighting equipment required at sawmills 17 22. Fire fighting equipment required at commercial operations 18 23. Storage and disposal of waste products and by-products of sawmills 19 24. Burning of sawdust and waste material of sawmill 20 25. Bee farming 20 26. Safety fuse, fuse lighters or splitting guns 21 PART 6—POWER OF AUTHORISED OFFICER TO GRANT AUTHORITY 22 27. Power of authorised officer to grant authority 22 PART 7—EXPIRY 23 28. Expiry of regulations 23 __________________ SCHEDULE 24 ═══════════════ ENDNOTES 27 -- 2 of 31 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 6/2004 Forests Act 1958 Forests (Fire Protection) (Interim) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 28 January 2004 Responsible Minister: JOHN THWAITES Minister for Environment STEPHANIE LENN Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for the protection of State forests, national parks and protected public land from damage by fire. 2. Authorising provisions These Regulations are made under sections 99 and 99A of the Forests Act 1958. 3. Revocation The Fire Protection Regulations 19921 are revoked. -- 3 of 31 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 2 4. Definitions In these Regulations— "adequate water supply" means— (a) a reticulated water supply; or (b) a tank with a capacity of not less than 200 litres which is fully charged with water and capable of delivering a continuous and steady stream of water by means of a hose connected to a pump with an engine power rating of not less than 4⋅1 kilowatts; "AS 1019–2000" means the standard published by Standards Australia entitled "AS 1019– 2000 Internal combustion engines—Spark emission control devices"; "AS 1687–1991" means the standard published by Standards Australia entitled "AS 1687– 1991 Knapsack spray pumps for firefighting"; "AS/NZS 1841.1:1997" means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.1:1997 Portable fire extinguishers Part 1: General requirements"; "AS/NZS 1841.5:1997" means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers"; "campfire or barbeque" means a fire lit or kindled for the purpose of preparing meals or providing personal comfort; r. 4 -- 4 of 31 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 3 "Central Plan Office" means the Central Plan Office in the Department of Sustainability and Environment; "commercial operation" means any operation connected with mining, quarrying, brick making, eucalyptus oil distilling or charcoal burning; "liquid or gaseous fuel" includes any manufactured fuel which can be ignited; "properly constructed fireplace" means a fireplace constructed of stone, metal, concrete or other non-flammable material in a manner which contains the perimeter of a fire; "sawmill" includes any operation connected with the harvesting, sawmilling or other processing of timber; "temporary structure" means— (a) a tent or annexe to a caravan if that annexe is constructed of canvas or similar material; (b) any other structure which is not of a permanent nature or is not fully enclosed on all sides (including the roof); "the Act" means the Forests Act 1958. 5. Application of regulations Nothing in these Regulations permits the lighting, kindling, maintaining or use of a fire— (a) in an area which is subject to a notice under section 64 of the Act prohibiting the use of a fire in the open air; or r. 5 -- 5 of 31 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 4 (b) in an area which is subject to a declaration of a day of total fire ban under the Country Fire Authority Act 1958; or (c) in an area in which fires generally or fires of that type are prohibited under the National Parks Act 1975; or (d) in contravention of any other Act. __________________ r. 5 -- 6 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Prohibition Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 5 PART 2—GENERAL PROHIBITION Division 1—Fires in the Open Air 6. General prohibition Subject to Parts 3 and 4, a person must not light, kindle or maintain a fire in the open air in a fire protected area during the prohibited period without the written authority of an authorised officer. 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 State forest, protected public land or national park. 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 State forest, protected public land or national park. 7. Extinguishment of fire in open air A person who has lit, kindled or maintained a fire, or who has been left in charge of a fire, in the open air in a fire protected area during the prohibited period must, before leaving the place of the fire— (a) completely extinguish the fire; or (b) ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire. 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 State forest, protected public land or national park. r. 6 -- 7 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Prohibition Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 6 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 State forest, protected public land or national park. 8. Fire in open air must be extinguished at direction of authorised officer or police A person who has lit, kindled or maintained a fire, or who has been left in charge of a fire, in the open air in a fire protected area during the prohibited period must extinguish the fire immediately when directed to do so by an authorised officer or member of the police force. 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 State forest, protected public land or national park. 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 State forest, protected public land or national park. Division 2—Fires in Temporary Structures 9. Fires in temporary structures Subject to Parts 3 and 4, a person must not light, kindle, maintain or use a fire in a temporary structure in a fire protected area during the prohibited period without the written authority of an authorised officer. Penalty: 50 penalty units. r. 8 -- 8 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Prohibition Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 7 10. Extinguishment of fire in temporary structure A person who has lit, kindled, maintained or used a fire, or who has been left in charge of a fire, in a temporary structure in a fire protected area during the prohibited period must, before leaving the place of the fire— (a) completely extinguish the fire; or (b) ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire. Penalty: 50 penalty units. 11. Fire in temporary structure must be extinguished at direction of authorised officer or police A person who has lit, kindled, maintained or used a fire, or who has been left in charge of a fire, in a temporary structure in a fire protected area during the prohibited period must extinguish the fire immediately when directed to do so by an authorised officer or member of the police force. Penalty: 50 penalty units. __________________ r. 10 -- 9 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Campfires and Barbeques Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 8 PART 3—CAMPFIRES AND BARBEQUES Division 1—Campfires and Barbeques in the Open Air 12. Campfires and barbeques using solid fuel (1) A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air, in the fire protected area, during the prohibited period except in accordance with sub-regulation (2) or (3). (2) Subject to sub-regulation (3), a person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using solid fuel in the open air, in the fire protected area, must ensure that— (a) the fire is lit in a properly constructed fireplace or in a trench at least 30 centimetres deep; and (b) 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 (c) the fire does not occupy an area exceeding one square metre and the dimensions of the solid fuel used are the minimum necessary for the purpose. (3) A person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using solid fuel in the open air in the fire protected area in an area that is described in Column 1 of Part 1 of the Schedule, during the period specified in Column 2 of Part 1 of the Schedule, must ensure that— r. 12 -- 10 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Campfires and Barbeques Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 9 (a) the fire is lit, kindled or maintained in a properly constructed fireplace provided by the person or authority responsible for the management and control of that area; and (b) 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 (c) the fire does not occupy an area exceeding one square metre and 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 State forest, protected public land or national park. 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 State forest, protected public land or national park. 13. Campfires and barbeques using liquid or gaseous fuel (1) A person must not light, kindle or maintain a campfire or barbeque using liquid or gaseous fuel in the open air in a fire protected area during the prohibited period. (2) Sub-regulation (1) does not apply to a person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using liquid or gaseous fuel in the open air in a fire protected area if— (a) the fire is contained in an appliance designed and commercially manufactured to use that fuel; and r. 13 -- 11 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Campfires and Barbeques Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 10 (b) the appliance when alight is placed in a stable position; and (c) 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 State forest, protected public land or national park. 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 State forest, protected public land or national park. Division 2—Campfires and Barbeques in Temporary Structures 14. Campfires and barbeques using liquid or gaseous fuel in temporary structures (1) A person must not light, kindle, maintain or use a campfire or barbeque using liquid or gaseous fuel in a temporary structure within a fire protected area during the prohibited period. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a person who, during the prohibited period, lights, kindles, maintains or uses a campfire or barbeque using liquid or gaseous fuel in a temporary structure in a fire protected area if— (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; and r. 14 -- 12 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Campfires and Barbeques Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 11 (c) in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, the ground and airspace within a distance of 3 metres of the temporary structure is clear of flammable material. __________________ r. 14 -- 13 of 31 -- Victorian Legislation Parliamentary Documents Part 4—Engines and Equipment Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 12 PART 4—ENGINES AND EQUIPMENT 15. Stationary engines (1) A person must not, in a fire protected area during the prohibited period, use a motor driven pump, generator or other stationary engine— (a) in the open air; or (b) in a temporary structure; or (c) in any circumstances where the exhaust discharges into the open air. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a person who uses a motor driven pump, generator or other stationary engine if— (a) the exhaust pipe is fitted with a spark arrester that complies with AS 1019–2000; and (b) the space immediately around and above the engine is clear of all flammable material for a distance of at least 1⋅5 metres; and (c) in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use— (i) a hose connected to an adequate water supply; or (ii) if there is no adequate water supply, at least— (A) one knapsack spray pump with a tank capacity of not less than 9 litres that is fully charged with water, is in proper working r. 15 -- 14 of 31 -- Victorian Legislation Parliamentary Documents Part 4—Engines and Equipment Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 13 order and that complies with AS 1687–1991; or (B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997. 16. Non-stationary engines (1) A person must not use a chain saw, vehicle or other non-stationary engine so that it is in contact with any crop, stubble, weeds, undergrowth or other vegetation in a fire protected area during the prohibited period. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a person who, during the prohibited period, uses a chain saw, vehicle or other non-stationary engine that is in contact with any crop, stubble, weeds, undergrowth or other vegetation in a fire protected area if— (a) the engine is fitted with a spark arrester which is in proper working order and which complies with AS 1019–2000; and (b) in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use— (i) a hose connected to an adequate water supply; or (ii) if there is no adequate water supply, at least— (A) one knapsack spray pump with a tank capacity of not less than 9 litres that is fully charged with water, is in proper working r. 16 -- 15 of 31 -- Victorian Legislation Parliamentary Documents Part 4—Engines and Equipment Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 14 order and that complies with AS 1687–1991; or (B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997. (3) Sub-regulation (1) does not apply to an engine that is fitted with a turbo charger or an exhaust aspirated air cleaner. 17. Welding, grinding, soldering or gas cutting equipment (1) A person must not, in a fire protected area during the prohibited period, use any welding, grinding, gas cutting or soldering equipment in— (a) the open air; or (b) in a temporary structure. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a person who, during the prohibited period, uses welding, grinding, gas cutting or soldering equipment in a fire protected area if— (a) the space immediately around and above the appliance is clear of all flammable material for a distance of at least 3 metres; and (b) a shield or guard of fire resistant material is placed or erected to prevent the emission of sparks, hot metal or slag; and (c) all cut-offs, electrode stubs and hot materials from the operation are placed directly in a fireproof receptacle; and r. 17 -- 16 of 31 -- Victorian Legislation Parliamentary Documents Part 4—Engines and Equipment Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 15 (d) in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use— (i) a hose connected to an adequate water supply; or (ii) if there is no adequate water supply, at least— (A) one knapsack spray pump with a tank capacity of not less than 9 litres that is fully charged with water, is in proper working order and that complies with AS 1687–1991; or (B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997. __________________ r. 17 -- 17 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 16 PART 5—SAWMILLS AND COMMERCIAL OPERATIONS 18. Registration of sawmills by the Secretary For the purposes of section 72(1) of the Act, the register must contain the following details in respect of each registered sawmill in the fire protected area— (a) the name of the owner; (b) the address of the owner; (c) the location of the sawmill; (d) the name of the person in charge of the sawmill; (e) the residential address of the person in charge of the sawmill; (f) the type and location of water supply and fire fighting equipment at the site of the sawmill. 19. Applications for registration of sawmills (1) A person who wishes to conduct milling operations at a sawmill in a fire protected area may apply to the Secretary in writing for the sawmill to be registered. (2) For the purposes of section 72(3) of the Act, an application to register a sawmill must include the following information— (a) the name of the owner; (b) the address of the owner; (c) the location of the sawmill; (d) the name of the person in charge of the sawmill; (e) the residential address of the person in charge of the sawmill; r. 18 -- 18 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 17 (f) the type and location of water supply and fire fighting equipment at the site of the sawmill. (3) For the purposes of section 72(3) of the Act, the prescribed fee to accompany an application to register a sawmill in a fire protected area is $20. 20. Clearing of area around sawmill or commercial operation (1) The person in charge of a sawmill or commercial operation in a fire protected area must ensure that the outer perimeter of— (a) any part of the sawmill or commercial operation; or (b) any log dump, timber stack, timber product, waste burner, pit, winch, kiln, quarry, distillery, retort or other structure associated with the commercial operation— is maintained clear of all flammable materials at all times to a distance specified by an authorised officer in a notice issued under sub-regulation (2). Penalty: 50 penalty units. (2) An authorised officer may, by notice in writing to a person in charge of a sawmill or commercial operation, specify a distance not exceeding 40 metres to be cleared of flammable material in respect of that sawmill or commercial operation. 21. Fire fighting equipment required at sawmills (1) The person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under sub-regulation (4) is provided at the sawmill at the places specified by the authorised officer in the notice. Penalty: 50 penalty units. r. 20 -- 19 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 18 (2) The person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under sub-regulation (4) is available for immediate use at all times. Penalty: 50 penalty units. (3) The person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under sub-regulation (4) are maintained in proper working order at all times. Penalty: 50 penalty units. (4) An authorised officer may, by notice in writing issued to the person in charge of a sawmill, specify— (a) the fire fighting apparatus, water supplies and equipment required to be provided at the sawmill; and (b) the places within the sawmill at which that apparatus and equipment must be stored. 22. Fire fighting equipment required at commercial operations (1) The person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under sub-regulation (4) is provided at the commercial operation at the places specified by the authorised officer in the notice. Penalty: 50 penalty units. (2) The person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment r. 22 -- 20 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 19 specified by an authorised officer in a notice issued under sub-regulation (4) is available for immediate use at all times. Penalty: 50 penalty units. (3) The person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under sub-regulation (4) is maintained in proper working order at all times. Penalty: 50 penalty units. (4) An authorised officer may, by notice in writing issued to the person in charge of a commercial operation, specify— (a) the fire fighting apparatus, water supplies and equipment required to be provided at the commercial operation; and (b) the places within the commercial operation at which that apparatus and equipment must be stored. 23. Storage and disposal of waste products and by-products of sawmills (1) A person in charge of a sawmill in a fire protected area must ensure that all waste or by-products from the sawmill are stored and disposed of in the manner specified by an authorised officer in a notice issued under sub-regulation (2). Penalty: 50 penalty units. (2) An authorised officer may, by notice in writing issued to a person in charge of a sawmill, specify the methods for the storage and disposal of waste and by-products of the commercial operation. r. 23 -- 21 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 20 24. Burning of sawdust and waste material of sawmill (1) A person in charge of a sawmill in a fire protected area must not light, kindle, maintain or use a fire, or cause or permit a fire to be lit, kindled, maintained or used in the open air for the purpose of burning sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a person who lights, kindles, maintains or uses a fire or causes or permits a fire to be lit, kindled, maintained or used in the open air for the purpose of burning sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree, if the fire is effectively contained in a pit or structure which complies with the dimensions and specifications specified by an authorised officer in a notice issued under sub-regulation (3). (3) An authorised officer may, by a notice in writing issued to a person in charge of a sawmill specify the dimensions and specifications of any pit or structure used to burn sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree. 25. Bee farming (1) A person in charge of any bee farming operation in a fire protected area must not light, kindle, maintain or use a fire in the open air for the purpose of extracting honey or relocating bees. (2) Sub-regulation (1) does not apply to a person who lights, kindles, maintains or uses a fire in the open air in a fire protected area for the purpose of extracting honey or relocating bees if— r. 24 -- 22 of 31 -- Victorian Legislation Parliamentary Documents Part 5—Sawmills and Commercial Operations Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 21 (a) the person uses a smoker which is placed on an area of ground which is clear of all flammable material for a distance of 1⋅5 metres; and (b) the smoker is placed in a fireproof receptacle when not in use; and (c) in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use at least— (i) one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with AS 1687–1991; and (ii) one rakehoe or similar implement capable of removing grass, shrubs, vegetation and other flammable material from the area of the fire. 26. Safety fuse, fuse lighters or splitting guns (1) A person must not use a safety fuse, fuse lighter or splitting gun in a fire protected area during the months of November, December, January, February, March or April at any time other than between sunrise and 9.30 am. (2) Sub-regulation (1) does not apply to a person who, during the months of November, December, January, February, March or April, uses a safety fuse, fuse lighter or splitting gun in a fire protected area at a time other than between sunrise and 9.30 am in accordance with an authority issued by an authorised officer under regulation 27. __________________ r. 26 -- 23 of 31 -- Victorian Legislation Parliamentary Documents Part 6—Power of Authorised Officer to Grant Authority Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 22 PART 6—POWER OF AUTHORISED OFFICER TO GRANT AUTHORITY 27. Power of authorised officer to grant authority (1) An authorised officer may authorise a person— (a) to light, kindle, maintain or use a fire in a fire protected area; (b) to carry out any other activity which would otherwise contravene these Regulations. (2) An authority under sub-regulation (1)— (a) must be in writing; and (b) is valid for the period specified by the authorised officer in the authority. (3) An authorised officer may specify in an authority under sub-regulation (1) any reasonable conditions— (a) that are determined by the Secretary; or (b) that the authorised officer considers are necessary for the prevention and suppression of fire. (4) An authorised officer may— (a) vary an authority; or (b) vary the conditions of an authority; or (c) revoke the conditions of an authority; or (d) revoke an authority. (5) A variation or revocation under sub-regulation (4) must be in writing. __________________ r. 27 -- 24 of 31 -- Victorian Legislation Parliamentary Documents Part 7—Expiry Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 23 PART 7—EXPIRY 28. Expiry of regulations These Regulations expire on 30 June 2004. __________________ r. 28 -- 25 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 24 SCHEDULE PART 1 Description of areas Period of restriction All the reserved forest in the Parish of Kimbolton being the land delineated and shown as reserved forest on Parish Plan No. 2879 lodged in the Central Plan Office. The period commencing on 15 November in each year and ending on 30 April in the following year. All the reserved forest in section 13, Parish of Lyell, in the City of Greater Bendigo, being the land delineated and shown as reserved forest in section 13 on Parish Plan No. 3023 lodged in the Central Plan Office. The period commencing on 15 November in each year and ending on 30 April in the following year. All State forest which is— (a) in the Alpine Shire in the Parish of Bright and bounded on the north and east by the Ovens River, in the west by Hawthorn Lane and in the south by Mountbatten Avenue, Delaney Avenue, and that section of the Harrietville Road between the eastern end of Delaney Avenue and the Ovens River at Germantown Bridge; and (b) in the Alpine Shire in the Parish of Porepunkah and— (i) bounded by the Ovens River in the south, Roberts Creek in the west and the Everton to Bright railway line in the north and east; and (ii) bounded by the Ovens River in the south, the western boundary of allotment 3 of section 1A and the eastern boundary of Cavedons Lane of section F2 in the west, by the Ovens Highway in the north and in The period commencing on 15 November in each year and ending on 30 April in the following year. Sch. -- 26 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 25 Description of areas Period of restriction the east by a line due south via the south-west boundary of allotment 9 of section 1A to the Ovens River; and (c) in the Alpine Shire in the Parish of Wandiligong and bounded by the Ovens River in the north, the Buckland River in the east for 240 metres upstream from its junction with the Ovens River then via the north and west boundaries of allotment 2B of section VII and the south and west boundaries of allotment 6D of section VII along the east and north boundaries of allotment 6A, along the east boundary of allotment 6 to the Ovens River. All lands of the Crown in the Shires of Murrindindi and Mansfield, being part of the fire protected area within 400 metres of the edge of the water on the southern shore of the big Eildon reservoir extending from the Eildon Dam on the west to the Goulburn River on the east. The period commencing on 15 November in each year and ending on 30 April in the following year. All State forest within those parts of the Parishes of Toombullup and Toombullup North shown hatched on the plan in Part 2 of this Schedule. The period commencing on 1 November in each year and ending on 31 May in the following year. Sch. -- 27 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 26 PART 2 ═══════════════ Sch. Scale of Kilometres -- 28 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 27 ENDNOTES 1 Reg. 3: S.R. No. 188/1992. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 15(2)(a) AS 1019–2000 Internal Combustion Engines—Spark emission control devices, published by Standards Australia Whole document Regulation 15(2)(c)(ii)(A) AS 1687–1991 Knapsack spray pumps for firefighting, published by Standards Australia Whole document Regulation 15(2)(c)(ii)(B) AS/NZS 1841.1:1997 Portable fire extinguishers Part 1: General requirements, published jointly by Standards Australia and the Standards Council of New Zealand AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers, published jointly by Standards Australia and the Standards Council of New Zealand Whole document Whole document Endnotes -- 29 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 28 Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 16(2)(a) AS 1019–2000 Internal combustion engines—Spark emission control devices, published by Standards Australia Whole document Regulation 16(2)(b)(ii)(A) AS 1687–1991 Knapsack spray pumps for firefighting, published by Standards Australia Whole document Regulation 16(2)(b)(ii)(B) AS/NZS 1841.1:1997 Portable fire extinguishers Part 1: General requirements, published jointly by Standards Australia and the Standards Council of New Zealand AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers, published jointly by Standards Australia and the Standards Council of New Zealand Whole document Whole document Regulation 17(2)(d)(ii)(A) AS 1687–1991 Knapsack spray pumps for firefighting, published by Standards Australia Whole document -- 30 of 31 -- Victorian Legislation Parliamentary Documents Forests (Fire Protection) (Interim) Regulations 2004 S.R. No. 6/2004 29 Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 17(2)(d)(ii)(B) AS/NZS 1841.1:1997 Portable fire extinguishers Part 1: General requirements, published jointly by Standards Australia and the Standards Council of New Zealand AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers, published jointly by Standards Australia and the Standards Council of New Zealand Whole document Whole document Regulation 25(2)(c)(i) AS 1687–1991 Knapsack spray pumps for firefighting, published by Standards Australia Whole document -- 31 of 31 --