BUSH FIRES. 1 & 2 EDWD. VII., No. 18. (As amended by No. 36 of 1904 and No. 27 of 1925.) N ACT to diminish the Dangers resulting from [Assented to 19th February, 1902.} HEREAS it is expedient to amend the law relating to Bush Fires: Be it enacted by the King's Most ent Majesty, by and with the advice and consent of egislative Council and Legislative Assembly of Westustralia, in this present Parliament assembled, and by thority of the same, as follows: This Act may be cited as the Bush Fires Act, 1902. of This Act shall come into force on the first day Short title. Date of commencetration. ment and adminis No. 27 of 1925, s. 2. The Bush Fires Act, 1885 (49 Vict., No. 9), and the Repeal. In this Act, if not inconsistent with the context- Prohibited times" shall mean the times of the year Occupier of land" shall include any person residing on the land and having charge or control thereof, whether such person shall be the owner or tenant or a bailiff, servant, caretaker or other person residing and having charge or control as aforesaid. Interpretation. clare prohibited times. Governor may de- 5. (1.) The Governor may, by notice in the Gazette, declare the times of the year during which it shall be unlawful to set fire to the bush within any district or part of the State mentioned in the notice. No. 36 of 1904, s. 2. Penalty for lighting fre during prohibited times. No. 27 of 1925, s. 3. No bush to be burnt unless precautions taken. (2.) A copy of the Gazette containing any such notice. shall be received in all courts of justice and elsewhere as evidence of the prohibited times within the district or part of the State named in such notice. (3.) The Governor may, from time to time, suspend the operation of any declaration made under this section, so far as such declaration extends to any railway reserve, or any land under the control of the Conservator of Forests, for any period not exceeding six weeks in any one year. 6. Every person who shall wilfully or negligently set fire to the bush within any district or part of the State during the prohibited times for that district or part shall be liable to a penalty not exceeding Fifty pounds: Provided that, subject to section seven, it shall be lawful during such prohibited times for any owner or occupier of land to burn off the bush between two plough breaks or spade breaks, between the hours of eight o'clock in the evening and twelve o'clock midnight, for the purpose only of protecting any dwelling-house or other building or stack of hay, wheat, or other produce within ten chains of a dwelling-house or other building: Provided also that the outer break shall not be distant more than ten chains from the property to be protected. 7. No person shall burn any part of the bush at any time during the months of October to April, both inclusive, unless (a) he has delivered or caused to be delivered personally to each owner or occupier of all adjoining lands four days' previous notice in writing of such intention; nor unless (b) he keeps at least three men in attendance until all grass, stubble, or scrub has been burnt, to prevent such fire extending beyond the limit of his own land or land occupied by him. Every person acting contrary to this section shall be liable to a penalty not exceeding Fifty pounds. Nothing in this section contained shall authorise any act or thing contrary to section six. 7a. (1.) The Governor may, by a notice published in the Gazette, declare any defined portion of the State to be a fireprotected area. (2.) Within any such area it shall be unlawful for any person to set fire to the bush on any land, or at any time, without the permission of the Minister, or an officer acting with his authority. Penalty: Fifty pounds: Provided that such permission shall be granted subject only to the compliance by the applicant with such conditions. as may be prescribed by regulations under this Act to restrict the fire to the land on which the burning off is carried out. (3.) Section five of this Act shall not apply to a fire-protected area, but section seven shall apply. (4.) Notwithstanding that permission is granted as aforesaid, nothing in this section shall be deemed to relieve any person from liability for any actionable damage sustained by any other person in consequence of the burning-off operations. 8. No person between the first of October and the 30th April in any year shall (in connection with any gun, rifle, pistol, or other firearm) carry or use any wadding made of paper, cotton, linen, or any other ignitible substance. Every person acting contrary to this section shall be liable to a penalty not exceeding Ten pounds. 9. If any person, within the period last aforesaid, shall use or carry any gun, rifle, pistol, or other firearm upon or over any land the property of or in possession of any other person, the owner or occupier of such land or his servant may seize and examine such gun, rifle, pistol, or other firearm, and all ammunition and material carried by such firstnamed person, for the purpose of ascertaining the nature of the wadding carried or used. Every person refusing to allow such seizure and examination, or who shall, upon the occasion thereof, refuse to disclose his name and address to the person demanding the No fire to be lighted or used in open, unless precautions taken. No smoking near stacks, etc. Penalty for lighting or attempting to light a fire with intent to injure. same, or who shall give a false name or address, shall be liable to a penalty of not less than Two pounds nor more than Five pounds. 10. (1.) No person (a) shall light or use any fire in the open air for the purpose of cooking, camping, or for any other purpose, without a space of ground around the same of the radius of ten feet at least having been previously cleared of all grass, bushes, and leaves or branches of trees; or (b) having lighted or used any such fire, shall neglect to fully and completely extinguish the same before leaving the place. Every person acting contrary to this section shall be liable. to a penalty of not less than Two pounds nor more than Twenty pounds. (2.) Every person who is discovered or proved to have been in any party which has lighted or used any such fire. or to have been present when the same was lighted or used contrary to this section, shall be deemed guilty of having acted contrary to this section. 11. Every person who shall at any time smoke any pipe. cigar, cigarette, or other substance within twenty yards of any stable or of any rick, stack, or field of hay, corn, straw, stubble, or other inflammable vegetable production, shall, unless such smoking was within a town, or with a pipe properly and securely covered, be liable to a penalty of not less than Ten shillings nor more than Two pounds. 12. Whosoever shall (a) light or cause to be lighted, or attempt to light any fire; or (b) put or place any matches or other inflammable or combustible substance, matter, or thing in such a position that the same may directly or indirectly be ignited by the sun's rays, or by friction or other means, or be exploded or set on fire, or whereby any fire may be lighted or caused. under such circumstances as to be likely to injure or damage any person or property shall, whether such fire shall be caused or not, be guilty of an offence, and liable on summary conviction to be imprisoned for any term not exceeding one year, with or without hard labour, or to a fine not exceeding One hundred pounds. Coroner to hold inquiry when re 13. When a bush fire which a coroner has, by section one of the Fire Inquiry Act, 1887, jurisdiction to inquire into quested. originates or extends within the district of a roads board, the coroner having jurisdiction within such district shall hold an inquiry into the cause and origin of such fire if requested, in writing, so to do by (a) the roads board of the district; or (b) any bona fide resident who has suffered damage affect rights at law. 14. No conviction, payment of penalty, endurance of This Act not to punishment, or proceeding taken under this Act shall take away or affect any right of action or other remedy at Common Law or otherwise which any person may have in respect of any loss or damage caused by any such fire as aforesaid. 15. The sections in the Second Schedule of the Interpre- Interpretation Act. tation Act, 1898, lettered respectively A, D, F, and I, shall be incorporated with this Act. 16. All moneys received for penalties imposed for of fences against this Act shall be paid to the Minister, who shall pay a noiety thereof, less expenses, to the municipal council or roads board within whose limits such offence was committed, for the use of the said council or board. Penalties. No. 27 of 1925, Regulations. 16a. The Governor may make regulations for the pur- No. 27 of 1925, s. 6. poses of this Act, and may prescribe a penalty not exceeding twenty pounds for any breach thereof. By Authority: FRED. WM. SIMPSON, Government Printer, Perth. |