Bush Fires Act 1954

The Act is conceptually built around a small set of defined terms and regimes that determine when fires can be lit, who controls fires, and the obligations attaching to land and local government.

Key definitions:

• “Bush” is wide‑ranging and covers trees, bushes, plants, stubble, scrub and undergrowth, alive or dead, standing or not (s 7(1)). This is the rolled‑up object of many prohibitions and duties. The definition expressly excludes sawdust and sawmill waste while on the sawmill premises (s 7(1)).
• “Prohibited burning times” are the dates declared by the Minister during which it is unlawful to set fire to bush within a declared zone (s 17(1); s 7(1) definition).
• “Restricted burning times” are declared by the FES Commissioner and make burning unlawful except under a written permit and any prescribed conditions (s 18(2); s 7(1) definition).
• “Total fire ban” is an express instrument declared by the Minister where weather conditions or other factors make a full prohibition necessary; it applies to an area and period specified in the declaration (ss 21, 22A).
• “Limited burning times” (used in the garden refuse provisions) means the relevant restricted and prohibited periods for a place but excludes any periods with fire danger forecasts of “catastrophic”, “extreme” or “high” (s 24C).
• “Occupier of land” is broadly defined to include residents, persons in charge or control (tenant, bailiff, mortgagee in possession, caretaker) and persons who have charge or control of multiple parcels (s 7(1); see also s 33(9) for qualification in certain uses).

Permit regime and conditions:

• During restricted burning times the FES Commissioner’s declaration makes a permit required (s 18(2), (6)). A permit is obtained from a bush fire control officer or the local government CEO if no officer is available (s 18(6)(a)). The permit holder must comply with prescribed conditions (s 18(6)(b)), and permits can be endorsed with additional requirements or modifications (s 18(7)). Local governments may adopt local schedules of burning times and require applications for allocated days (s 18(10A)-(10C)).

Command and control:

• Bush fire liaison officers (designated departmental officers) can be authorised to exercise bush fire control powers and to take command of operations (ss 12-13). Where a bush fire liaison officer or another authorised person is given written authorisation to take control, all bush fire control officers, liaison officers, authorised CALM Act officers and brigade members present must act under that authorised person’s directions (s 13(4)-(6)). The Act preserves the FES Commissioner’s power to override or act despite Emergency Management Act arrangements (s 14A).

Operational switching of authority:

• Authorised CALM Act officers have powers to exercise the powers of a bush fire officer when present at certain fires (s 45(2)-(3)). Bush fire brigade captains and bush fire control officers also have express powers to enter land, direct brigades and take measures to extinguish fires (ss 39, 44). Section 13 and sections 14B-14C create temporary, place‑based command powers with associated powers to direct evacuations and traffic movements during an “authorised period” (s 14B(2)-(3)), and prescribe a criminal penalty for refusal to comply with those directions (s 14C(1)).

Risk standards and permissive compliance:

• The FES Commissioner may make bush fire risk treatment standards that specify measures for prevention and mitigation and which are publishable and treated similarly to regulations for evidentiary purposes (s 35AA). Compliance with those standards by owners/occupiers is expressly permissive: owners may comply but are not required to do so (s 35AB(2)), although compliance is limited where it would conflict with other provisions or prescribed written laws (s 35AB(3)-(4)).

Enforcement and evidentiary devices:

• The Act provides for administrative enforcement (infringement notices, s 59A), criminal penalties (ranging from fines to imprisonment, e.g. arson s 32), cost recovery for firefighting expenses (ss 28(4)-(5); 58), and statutory presumptions and certificate evidence to streamline proof of declarations, registers, standard publications and Bureau of Meteorology fire danger ratings (s 65). These devices combine regulatory prohibitions with civil recovery and criminal sanctions.

Specific activity rules:

• The Act regulates particular activities that create fire risk: tractors and engines (s 27), blasting and other operations (s 27A), disposal of smoking materials (s 30), carriage and deposit of ember/ash (s 27D), and burning garden refuse/incinerator conditions (ss 24C-24F). Total fire bans and prescribed regulations can extend or modify these restrictions (s 22B(3)-(4); s 27A).

Local government interface:

• Local governments are empowered to require fire‑breaks, to issue permits, to maintain registries and records (s 50), to establish brigades (s 41), to spend for firefighting (s 36) and to make local laws consistent with the Act (s 62). The Act provides for ministerial directions to local governments and FES Commissioner intervention where local governments default (s 17(8); s 35).

These concepts are knitted into a single statute that mixes standards, permits, emergency declarations and incident command rules, with statutory penalties and civil recovery mechanisms that operate at State, regional and local levels (see ss 4, 10, 17-18, 22A-22C, 33, 35AA, 58).

Owners and occupiers of land

• Primary day‑to‑day duties fall on owners and occupiers. They are prohibited from setting fire to bush during declared prohibited burning times (s 17(12)) and must hold and comply with permits for restricted burning times (s 18(6)-(8)). Occupiers must take all possible measures to extinguish a bush fire burning on their land during restricted or prohibited times, and may be liable for expenses incurred by State/local authorities if they fail to do so (s 28(1), (4)-(5)). Local governments may require owners/occupiers to plough or clear fire‑breaks (s 33(1)), and unpaid costs may become charges on land (s 33(8)).

Local governments

• Local governments carry substantial responsibilities and costs: maintaining brigades, equipment and registers (ss 36, 41, 50), appointing bush fire control officers (s 38), issuing permits and publishing notices (ss 18(6); 17(8); 24E), and enforcing local laws and notices (ss 33, 62). They may recover costs from owners/occupiers and are entitled to reimbursement of prosecution costs for offences prosecuted at their request (s 59(2)). The FES Commissioner may step in where a local government defaults and recover costs (s 35(1)-(3B)).

FES Commissioner and departmental staff

• The FES Commissioner occupies a central policy, standard‑setting and operational role. Duties include reporting to and advising the Minister, recommending prohibited burning times (s 10(d)), carrying out fire prevention measures and publicity (s 10(e)-(g)), making restricted burning declarations (s 18), suspending such declarations (s 17(4)), making bush fire risk treatment standards (s 35AA), and authorising departmental officers as bush fire liaison officers with operational command (ss 12-13). Departmental officers designated as bush fire liaison officers may exercise powers of bush fire control officers (s 13(1)).

Bush fire brigades, brigade members and volunteers

• Local government‑established brigades and their registered members are central responders (ss 36(d), 41). Captains and officers have powers to control brigades and to enter land and take measures to extinguish fires (s 44); volunteers performing “normal brigade activities” are explicitly covered by the statutory definitions and activities (s 35A).

CALM Act officers and other land managers

• Authorised CALM Act officers can take operational control of fires on conservation land and in other circumstances set out in s 45. They also interact with local governments over forest land, fire‑breaks and access (s 34). Where forest or conservation land is involved, consultation or requests to CALM Act CEOs are built into local government variation and control powers (ss 17(7), 18(5)).

Police

• Members of the Police Force are given powers to enter land for specified investigatory or operational purposes (s 14(1)-(1A)), and to assist in enforcing directions given during authorised periods (s 14B(2)). Police may institute prosecutions (s 59(1)) and have duties to demand names and addresses where offences occur (s 56(1)).

Business operators and agricultural users

• Operators whose activities generate fire risk are subject to specific obligations: tractor and harvester operators must maintain spark arresters and exhaust systems and may be subject to local notices requiring fire extinguishers (s 27); persons carrying incendiary material in vehicles must use enclosed metal containers (s 27D). Rubbish tip operators are regulated with special notices allowing burning at tips only under ministerial notices (s 24E). Farmers burning clover or in irrigation areas require permits and must satisfy conditions (ss 24, 24A).

Insurers and crop owners in “approved areas”

• The Act allows land to be declared an approved area where a local government’s brigade is established (s 52), and insurers must cap premiums for insured crops in approved areas at no more than 75% of rates charged outside such areas (s 53). The FES Commissioner may cancel an approved area if standards fall (s 54).

General public

• Everyone in an area subject to a total fire ban or restricted/prohibited burning times is affected by prohibitions on lighting fires, disposal of burning cigarettes (s 30), garden refuse burning (ss 24D-24G) and compliance with directions during authorised periods (s 14C). Failure to comply with directions may attract a large fine (s 14C(1)) and other criminal sanctions apply to deliberate ignition likely to injure (s 32).

Interacting bodies and regulators

• The Act cross‑references and interacts with other statutory regimes, including the Fire and Emergency Services Act 1998 for definitions (s 7; FES Act), the Conservation and Land Management Act 1984 for CALM matters (s 7; ss 34, 45), the Emergency Management Act 2005 (s 14A clarifies non‑limitation by that Act) and the Local Government Act 1995 for local law processes (s 62). These cross‑links make land managers, State agencies and statutory authorities stakeholders in both preventive planning and incident response.

In short, the Act affects a wide set of actors , private landholders (who bear primary compliance costs and potential debts), local governments (responsible for local permitting, brigades and enforcement costs), FES and departmental staff (policy, standard setting and operational command), CALM officers (conservation and forest land control), police (enforcement), insurers (regulated in approved areas), and businesses whose activities create ignition risk.

Duties imposed on owners and occupiers

• Do not set fire to bush during prohibited burning times (s 17(12)). During restricted burning times, do not set fire except under a permit and in compliance with prescribed conditions (s 18(6)-(8)). Occupiers must take all possible measures to extinguish bush fires on their land during restricted or prohibited times and inform bush fire control officers if assistance is required (s 28(1), (1B)). Failure to extinguish can lead to the State, local government or CALM CEO extinguishing the fire and recovering expenses as a debt (ss 28(3)-(5); 58(3)). Owners/occupiers must also comply with notices requiring the creation and maintenance of fire‑breaks or other preventative works (s 33(1)-(4)), and local laws may impose similar duties (s 33(5a)).

Permit and notice compliance

• A person must obtain a written permit to burn during restricted burning times from a bush fire control officer or the local government CEO if no officer is available (s 18(6)(a)). Permit holders must comply with the permit’s conditions and any additional requirements endorsed on the permit (s 18(7)-(8)). An authorised officer may require production or identification of the permit and non‑production within seven days is an offence (s 24B(1)-(3)). Local governments can adopt scheduled burning days and require allocation and adherence to those days (s 18(10A)-(10C)).

Obedience to directions during emergency or authorised periods

• During an “authorised period” when an authorised person takes control of operations, authorised persons and police can direct movement, evacuations and road closures (s 14B(2)). A person given such a direction must comply despite any other written law and faces a penalty of $25,000 for non‑compliance (s 14C(1)-(2)). The same framework allows authorised persons to use vehicles contrary to certain road traffic rules while controlling or extinguishing bush fires (s 14B(3)).

Local government duties and discretions

• Local governments may appoint bush fire control officers, establish and maintain brigades, expend funds on equipment and clearance activities, make local laws, and require landholders to undertake fire‑prevention measures (ss 36, 38, 41, 62, 33). They must keep registers and records of officers and equipment (s 50(1)). Local governments may vary restricted or prohibited times in limited circumstances after consultation (ss 17(7); 18(5)) but are explicitly limited from shortening or suspending such periods by more than 14 successive days in certain contexts (ss 17(7B); 18(5B)).

FES Commissioner’s duties and powers

• The FES Commissioner reports to the Minister, is responsible for administration of the Act subject to the Minister, recommends prohibited burning times, carries out prevention measures and publicity, and may authorise departmental officers to regulate burning in suspended zones (s 10(d)-(g); s 17(4)-(5)). The Commissioner can make bush fire risk treatment standards (s 35AA) and intervene where local governments default, recovering expenses and instructing liaison officers (s 35).

Rights and exemptions

• The Act contains explicit exemption mechanisms. The FES Commissioner may suspend a Minister’s prohibited burning declaration for particular land, subject to conditions, and authorise departmental officers to regulate permitted burning on that land (s 17(4)-(5)). The Minister may grant written exemptions from total fire ban prohibitions where the FES Commissioner advises that adequate precautions have been taken; the exemption is written, can be conditional and revocable (s 22C(1)-(5)). Similarly, the Minister may exempt persons from section 25 requirements where adequate precautions exist (s 25A). Local governments may prohibit lighting fires for camping or cooking during prohibited times by local notice, subject to publication requirements (s 25(1a)-(1d)).

Operational command and delegation

• When the FES Commissioner authorises a bush fire liaison officer or another person to take control of operations, all attending bush fire control officers, liaison officers, authorised CALM Act officers and brigade members must act under the authorised person’s directions (s 13(4)-(6)). Local governments may delegate functions to their chief executive officer in writing (s 48), and may delegate prosecution authority to bush fire control officers or other officers for offences within their district (s 59(3)).

Bush fire risk treatment standards , permissive but consequential

• The Commissioner may publish bush fire risk treatment standards (s 35AA). Owners and occupiers may comply voluntarily with standards (s 35AB(2)). However, compliance cannot result in non‑compliance with other provisions of the Act or prescribed other written laws (s 35AB(3)). The standards are to be published and treated like regulations for interpretation purposes (s 35AA(5)-(7)), which affects evidentiary standing (s 65(2)(ca)).

Enforcement powers and remedies

• Authorised officers may enter land or buildings for investigation and enforcement purposes (s 14(1)). The Act allows recovery of expenses for extinguishment (s 58(3)), seizure and retention of items relevant to investigations (s 14(2)), and the issuance of infringement notices as an alternative to prosecution for prescribed offences (s 59A). Courts may order offenders to pay assessed expenses associated with vandalism or false alarms (ss 27B(2), 27C(2)).

Criminal sanctions and administrative penalties

• The Act specifies a range of sanctions: summary fines, higher fines, and imprisonment for serious conduct. For example, lighting bush in a prohibited period carries a maximum penalty of $10,000 or 12 months’ imprisonment or both (s 17(12)); lighting or carrying out activities during a total fire ban carries a maximum penalty of $25,000 or 12 months’ imprisonment or both (s 22B(2)); wilful lighting likely to injure is a crime punishable by up to 20 years’ imprisonment (s 32). Lesser breaches attract fines ranging from $500 for failure to produce a permit (s 24B(3)) up to $10,000 for various other breaches (see ss 18, 23, 27, 33, 58).

Taken together, the Act imposes duties on landholders to prevent, extinguish and mitigate fire risk, empowers local and State officials to restrict and control burning, and creates written mechanisms for exemptions, recovery of costs and criminal enforcement. Obligations are both prescriptive (e.g. permit conditions, fire‑break notices) and discretionary (e.g. Commissioner suspensions, Ministerial exemptions).

Range and scale of penalties

• The Act combines summary fines, higher monetary penalties and imprisonment for the most serious offences. Representative provisions include:
  • Prohibited burning times: set fire to bush during a declared prohibited period , penalty $10,000 or 12 months’ imprisonment or both (s 17(12)).
  • Total fire ban: during a total fire ban, a person must not light, maintain or use a fire in the open air or carry out activities likely to cause a fire , penalty $25,000 or 12 months’ imprisonment or both (s 22B(2)); specific processes or solid‑fuel appliance use in open air are singled out (s 22B(3)).
  • Restricted burning times: breach of s 18 (other than cost recovery) , first offence $4,500; second or subsequent $10,000 (s 18(12)).
  • Wilful lighting likely to injure (crime): up to 20 years’ imprisonment (s 32).
  • Failure to comply with directions during an authorised period (s 14B/14C): $25,000 fine (s 14C(1)).
  • Failure to extinguish a fire on one’s land (s 28(1)) , penalty $10,000.
  • Various other statutory fines: carriage of incendiary material without enclosure $1,000 (s 27D); burning garden refuse when fire danger high to catastrophic $3,000 (s 24D); burning at rubbish tips contrary to notice $10,000 (s 24E(1)); operating tractors in breach of s 27 $5,000 (s 27(1)-(5)). If no other penalty is prescribed, a general penalty of $2,000 applies (s 58(1)).

Enforcement actors and powers

• Authorised enforcement actors include persons employed in the Department with written authorisation, bush fire liaison officers, bush fire control officers, officers and members of bush fire brigades, authorised CALM Act officers, members of the Police Force, and local government officers (ss 14, 24B(1), 56(1), 59(1)). Those officers have a suite of operational powers:
  • Entry to land or buildings for investigation, inspection of fire‑breaks, removal of evidence, and other enforcement purposes (s 14(1)-(2)).
  • Direction and control at incidents: authorised persons and police can direct movement and evacuation in an affected area during an authorised period (s 14B(2)); authorised persons can use vehicles in contravention of certain Road Traffic rules for firefighting purposes (s 14B(3)).
  • Bush fire control officers and captains have express powers to enter land, remove fences, plough fire‑breaks, take water and give directions at fires (ss 39, 44).

Administrative enforcement mechanisms

• The Act provides for recovery of costs and civil remedies:
  • Expense recovery: where occupiers fail to extinguish fires, expenses incurred by State/local authorities in extinguishing may be recovered as a debt (ss 28(4)-(5); 58(3)). Local governments can recover the costs of complying with fire‑break notices and may issue certificates as prima facie evidence of amounts (s 33(5)); unpaid amounts can become charges on the land (s 33(8)).
  • Vandalism and false alarm costs: courts may order payment of assessed costs in addition to penalties (ss 27B(2), 27C(2)).
  • Infringement notices: prosecutors or local governments may issue infringement notices for prescribed offences under s 59A; the Governor can prescribe which offences and penalties (s 59A(8)). Payment of the prescribed penalty constitutes a conviction for Act purposes but does not affect civil claims (s 59A(7)).

Evidentiary and procedural conveniences

• The Act contains provisions to ease proof of key matters and permit certification:
  • Publication in the Gazette or certificate by the FES Commissioner is admissible as evidence of declarations, notices and bush fire risk treatment standards (s 65(2), (2)(ca)).
  • Certificates from the Bureau of Meteorology as to fire danger ratings are evidence until the contrary is proved (s 65(3)).
  • Authorisations under s 13(4) or (5) (authorising a person to take control) may be proved by a certified copy of the authorisation (s 14C(3)).

Discretion and overlap

• Enforcement is not just punitive; the Act grants broad discretion to authorised officers and the FES Commissioner to suspend or vary burning time declarations (ss 17(4)-(6); 18(4a)) and to take control of operations (s 13(4)-(6)). Where the FES Commissioner intervenes because of local government default, the Commissioner may recover costs from the local government or landowner at the Commissioner’s option (s 35(2)-(4); 35(3B)). These discretionary powers concentrate operational decision‑making at State level in severe incidents.

Who pays

• Direct financial consequences fall on:
  • Offenders who incur fines or imprisonment.
  • Owners/occupiers who must extinguish fires at their expense or reimburse the State/local government/CALM (ss 28(4)-(5); 58(3)).
  • Local governments who undertake prescribed work at owners’ expense (s 33(4)-(5)).
  • Parties ordered by courts to pay assessed costs arising from false alarms or vandalism (ss 27B(2), 27C(2)).
  • Insurers are affected by the approved area premium cap (s 53).

Enforcement risks and administrative burdens

• The Act’s enforcement architecture gives authorities strong powers to enter land, seize evidence, direct evacuations, and recover expenses. The evidentiary presumptions (s 65) and certificate rules lower the State’s proof costs. Those same provisions increase compliance urgency for landholders because failure to obey notices or directions can lead to immediate expense liability, fines and charges on land (ss 33(8); 58). The infringement notice scheme provides an administrative alternative to prosecution but is limited by regulations (s 59A(8)).

In sum, the Act combines criminal sanctions for grave misconduct, summary fines for lower‑level breaches, and civil cost recovery for firefighting and remedial works, enforced by a range of authorised officers with powers of entry, direction and certification. The financial and legal exposure for owners/occupiers is both direct (fines, debts for extinguishing) and collateral (charges on land, possible insurance implications under approved area provisions).

Express saving and cross‑references

• The Act contains a saving provision that it does not affect the Fire Brigades Act 1942 or the Conservation and Land Management Act 1984 and is to be construed so as not to limit those Acts (s 4(1)-(2)). Throughout the Act there are cross‑references to other statutory regimes that allocate roles and define who exercises powers in overlapping spaces (e.g. FES Act, CALM Act, Emergency Management Act 2005, Local Government Act 1995, Transfer of Land Act 1893, Biosecurity and Agriculture Management Act 2007).

FES Act and departmental definitions

• The Act borrows definitions and organisational references from the Fire and Emergency Services Act 1998 (FES Act) for terms such as Department, FES Commissioner and “employed in the Department” (s 7(1)). The FES Commissioner’s role under this Act is therefore embedded within the broader FES Act administrative framework (s 10).

Conservation, forest land and CALM Act interaction

• The Act explicitly contemplates conservation land and forest land as special categories. Authorised CALM Act officers have powers to exercise the powers of bush fire officers on conservation land and where no bush fire officer controls operations (s 45(2)-(3)). Local government variations to burning times require consultation with authorised CALM Act officers where forest land is situated in the district (s 17(7); s 18(5)). Section 34 contains provisions for abutting Crown lands, reserves and forest land with specific procedural cross‑over between CALM Act CEOs and local governments.

Emergency Management Act 2005

• Section 14A states explicitly that the powers and duties of a bush fire liaison officer under s 13 are not affected by the Emergency Management Act 2005 (s 14A(1)-(2)). The Act therefore preserves the operational authority of liaison officers to take control of operations despite the designation of hazard management agencies under the Emergency Management Act.

Local Government Act 1995 and local laws

• Local governments make local laws under the Local Government Act 1995 in relation to appointment and duties of bush fire control officers and the organisation of brigades (s 62(1)). The Act also allows local governments to make local laws requiring owners to clear fire‑breaks (s 33(5a)), and to delegate functions to the CEO (s 48). Where a Governor’s regulation conflicts with a local law, the regulation prevails (s 62(2)).

Interpretation Act and treatment standards

• Bush fire risk treatment standards created under s 35AA are to be treated as if they were regulations under the Interpretation Act 1984 s 42 (s 35AA(7)). This means standards acquire a quasi‑regulatory form for interpretation and evidentiary purposes. The Act also uses other interpretation presumptions (s 65) which make certified copies of Gazette notices and Commissioner‑certified documents evidence in court.

Fire Brigades Act 1942

• Section 4 saves the Fire Brigades Act 1942 and provides that nothing in the Bush Fires Act limits its operation. The Act nevertheless borrows some powers conceptually from the Fire Brigades Act (see s 39(1)(a)). Section 44(2) also prevents bush fire brigade captains from exercising certain powers in declared fire districts or where there is a fire brigade under the Fire Brigades Act unless expressly requested.

Other specialist laws

• Biosecurity and Agriculture Management Act 2007 is referenced for the definition of “declared pest” in relation to burning plants (s 26(5); s 26A). The Act’s provisions about rubbish tips reference the Waste Avoidance and Resource Recovery Levy Act 2007 (s 24C definition of “rubbish tip”).

Administrative law and judicial review exposures

• While the Act provides for a range of delegated and discretionary powers (Minister, FES Commissioner, local governments), it does not set out administrative review or appeal procedures within the Act itself. Interaction with general administrative law remedies (judicial review) and other statutory appeal pathways will therefore depend on those general frameworks rather than on an internal appeals regime in the Bush Fires Act.

Insurance and property law

• The “approved area” scheme interacts with insurance pricing, capping crop insurance premiums in approved areas at 75% of premiums elsewhere (s 53). The Act also creates mechanisms for amounts recoverable to become charges on land similar to local government unpaid rates (s 33(8)(b)), intersecting with land law and local government financial recovery regimes.

Overall interaction pattern

• The Act operates as a sectoral regulatory overlay that coordinates with emergency management, conservation and local government regimes. It defers to and cross‑links with other statutes for definitions and concurrent powers while preserving certain command functions for the FES Commissioner and Minister (ss 10, 17, 22A). The Act’s design embeds a hierarchy: Minister and FES Commissioner set statewide controls; local governments implement locally consistent rules and permits; CALM and other specialised agencies exercise control in their statutory domains; and enforcement and recovery operate through the State and local bodies with prescribed evidentiary and procedural mechanisms (see ss 4, 10, 12-13, 17-18, 35, 45).

The Act has been substantially amended many times since its enactment in 1954. The compilation table in the Act’s source provides a chronological record of significant amendment Acts and reprints. Key amendments and phases include:

1954-1979: foundational consolidations and early amendments

• The Bush Fires Act 1954 was assented to in December 1954 and commenced in 1955 (compilation). Several early amendment Acts in 1957, 1958, 1963, 1964 and through to 1979 introduced definitional updates and administrative changes, reflected in reprints in 1961, 1971 and 1978 (compilation table entries).

1984-1999: conservation and institutional interactions

• The Acts Amendment (Conservation and Land Management) Act 1984 integrated CALM Act interactions (compilation table). Later, the Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998 restructured roles in anticipation of organisational changes (compilation table; 42 of 1998).

2002: Fire and Emergency Services reforms

• The Fire and Emergency Services Legislation Amendment Act 2002 (No. 38 of 2002) made a range of amendments which appear throughout the compilation (see multiple s 38 and s 39 references), including adjustments to administrative provisions and the role of departmental officers.

2009: modernisation and total fire ban regime

• The Bush Fires Amendment Act 2009 (No. 25 of 2009) introduced significant provisions, including the formal total fire ban framework (ss 21, 22A-22C inserted in 2009; compilation indicates s 22A inserted by No. 25 of 2009 s 7). The 2009 package also amended incident control provisions (ss 13, 14B-14C) and modernised operational command arrangements.

2012: alignment with Fire and Emergency Services Act machinery

• The Fire and Emergency Services Legislation Amendment Act 2012 (No. 22 of 2012) further adjusted terminology and roles consistent with the FES Act and updated notice and publication requirements (compilation table references).

2016: bush fire risk treatment standards and voluntariness

• The Bush Fires Amendment Act 2016 (No. 27 of 2016) inserted the bush fire risk treatment standards regime (ss 35AA and 35AB) and related publication and consultation requirements (s 35AA(6)-(7)). It took effect mainly on 1 July 2017 for operative provisions (compilation table).

2020-2022: environmental and garden refuse rules

• The Environmental Protection Amendment Act 2020 (s 114) and the Bush Fires Amendment Act 2022 (No. 26 of 2022) introduced updates to how garden refuse is regulated (see ss 24C-24G and associated changes). The compilation table shows s 24C was amended by No. 40 of 2020 s 114(2) and s 24D and related provisions updated by No. 26 of 2022.

Ongoing reprints and standardisation

• The compilation table records a series of reprints (Reprint 6, 7, 8, 9) which incorporate prior amendments. The Standardisation of Formatting Act 2010 made formatting amendments to multiple sections (compilation notes), and various statutes over time have adjusted cross‑references to modern Acts.

Practical implication of amendment history

• The pattern shows progressive layering: early core prohibitions and local controls; then expanding State‑level operational command powers; then statutory integration with FES, CALM and Emergency Management frameworks; the introduction of total fire bans; and the addition of flexible risk treatment standards and more detailed garden refuse and equipment rules. The compilation table is the authoritative schedule of amendments and commencement dates and must be consulted for the effective date of particular provisions (compilation table entries and notes).

The Act’s current form is the result of iterative amendments that both expanded State control in severe incidents and sought to provide more granular operational tools for local authorities, while adding administrative frameworks such as infringement notices (s 59A) and standards (s 35AA). The compilation table is the source for this summary; the Act text contains the substantive provisions that reflect these historical layers.

The Act’s source text supplied does not include judicial decisions or case law interpreting its provisions. The compilation text contains statutory evidentiary presumptions (s 65) and procedures for proof (s 66), which bear on litigation practice, but the source does not list any reported litigation or appellate authority.

Statutory features that commonly arise in litigation contexts (based on the Act’s text) include:

• evidentiary presumptions regarding declarations and fire danger ratings (s 65(2)-(3));
• civil recovery of expenses for firefighting and compliance with notices (ss 28, 33, 58) which give rise to debt proceedings recoverable in courts of competent jurisdiction;
• criminal offences with serious penalties (e.g. s 32 arson) that would be prosecuted in higher courts; and
• the infringement notice regime (s 59A) which creates an administrative alternative to prosecutions and thus has procedural consequences for litigated matters.

Because the legislation relies on Gazette notices, permits and certificates for evidentiary proof (ss 17(3), 18(4), 65(2)), disputes about the validity, scope or existence of a declaration, permit or authorisation are likely to be litigable in practice; however, no cases are cited in the compilation provided.

If litigation history is required for a particular provision or factual scenario, the relevant course is to search reported decisions and tribunal records external to this statutory compilation. The Act itself does not identify judicial interpretations or a repository of cases.

1. High‑value penalties and imprisonment for some breaches

• Several offences attract large fines and possible imprisonment, for example forbidden burning during a prohibited period (s 17(12): $10,000 or 12 months imprisonment or both), breaches during a total fire ban (s 22B(2): $25,000 or 12 months imprisonment or both), and wilful lighting likely to injure (s 32: up to 20 years imprisonment). Landholders and businesses must take these maximums seriously; the Act compresses serious deterrence into some everyday activities such as burning for pasture protection unless subject to strict permit conditions (s 23).

2. Wide operational discretion concentrated at State level

• The FES Commissioner and the Minister have broad powers to suspend or vary declarations (s 17(4)-(6); s 18(4a)), authorise persons to take control of operations (s 13(4)-(6)), and grant or revoke exemptions (ss 22C; 25A). That discretion can materially alter local expectations quickly: for example, a Ministerial total fire ban can be declared by broadcast and made effective immediately (s 22A(2)-(3)) and may be varied similarly (s 22A(4)).

3. Short‑term local variation limits

• Local governments can vary burning times but are constrained: they cannot shorten or suspend prohibited or restricted burning times by more than 14 successive days in circumstances that would otherwise be part of restricted/prohibited times (ss 17(7B); 18(5B)). Failing to observe procedural notice requirements when varying times can lead to ministerial direction to rescind or modify the variation (s 17(8)(b)).

4. Expense recovery and charges on land

• Non‑compliance with fire‑break or extinguishment notices can trigger local government action and subsequent charges or debts recoverable as rates or as debts against land (s 33(4)-(5); 33(8)). Similarly, the State/local governments/CALM may recover the expenses of extinguishing a fire from an occupier who failed to extinguish it (s 28(4)-(5); s 58(3)). These civil obligations can carry significant financial exposure, separate from criminal penalties.

5. Permit requirements with tight compliance and evidentiary obligations

• Permits must be produced when required and identification of the issuing officer may be demanded (s 24B). Failure to produce within seven days or to identify the issuer attracts a $500 penalty (s 24B(3)). Permit endorsements can add or modify conditions (s 18(7)), so burning operations must follow both prescribed conditions and any specific endorsements.

6. Interaction with other regimes can create complexity

• The Act cross‑references multiple other statutes (FES Act, CALM Act, Emergency Management Act 2005, Local Government Act 1995, Biosecurity and Agriculture Management Act 2007). For instance, authorised CALM Act officers have operational authority on conservation land (s 45), and the Emergency Management Act does not limit certain liaison officer powers (s 14A). Practitioners must consider the applicable domain of land (conservation, forest, fire district) to determine which actor’s powers prevail in given circumstances.

7. Bush fire risk treatment standards are permissive but have regulatory weight

• FES Commissioner standards are not mandatory for owners/occupiers (s 35AB(2)) but are treated as if regulations for interpretation purposes (s 35AA(7)) and are admissible evidence when certified (s 65(2)(ca)). Compliance with standards is permitted despite other written laws unless the compliance would cause conflict with other law (s 35AB(3)-(4)), creating a potential trap where “voluntary” compliance could unintentionally breach another provision if not checked.

8. Total fire ban scope and exemptions

• A total fire ban applies to an area and period as specified in the declaration (s 22A(3)) and is enforceable despite other Act provisions (s 22B(1)(a)). However, exemptions are available via Ministerial written instrument where the FES Commissioner provides written advice about adequate precautions (s 22C). Practitioners and operators wishing to proceed during a ban need to engage the FES Commissioner and Minister and be prepared for conditional or revocable written exemptions (s 22C(1)-(4)).

9. Evidentiary presumptions favour prosecution proof

• The Act contains presumptions that a stated time is within prohibited/restricted burning times and that Gazette copies and certificates are prima facie evidence of declarations and standards (s 65(2), (4)). Defence planning must anticipate these presumptions and prepare contrary proof.

10. Operational command changeovers and subordinate obligations

• When an authorised person is appointed to take control of operations, all present officers and brigade members are to act under their directions (s 13(6)). This can change command dynamics at incidents and requires brigades and local authorities to be prepared to follow a written authorisation.

These “gotchas” follow directly from the statutory text and show where legal exposure, quick changes in control, evidentiary presumptions, and significant financial penalties can produce unexpected costs or liabilities for landholders, local governments and operators.

Monitor declarations and public notices

• Regularly check the Gazette, State and local government publications and the FES Commissioner’s communications for declarations of prohibited burning times, restricted burning times, total fire bans and variations (ss 17(1)-(3); 18(2)-(4); 22A(2), (5); 35AA(5)). A failure to comply with a total fire ban or declared restricted/prohibited times carries substantial penalties (ss 22B; 17(12); 18(12)). Local governments must publish particulars of variations (s 17(8)(a)(iii); s 18(5C)), and the FES Commissioner must publish standards (s 35AA(5)).

Obtain and comply with permits

• If burning is proposed during restricted burning times, obtain a written permit from a bush fire control officer or local government CEO where no officer is available (s 18(6)(a)). Read permits carefully: permit endorsements may impose additional requirements, directions or modified conditions (s 18(7)). Ensure any required notices to neighbours or local government are given (s 25(1)(c)(iv); s 25(1)(d)-(f) where relevant). Keep permits available for inspection and be prepared to produce them if required; failure to produce a permit within seven days or to identify the issuer carries a $500 penalty (s 24B(1)-(3)).

Follow prescribed precautions and local conditions

• For any permitted fire, follow the prescribed conditions in the regulations (s 20), including requirements about notice, precautions to prevent spread and adherence to fire danger forecasts (s 20(2)(a)-(c)). For garden refuse, comply with the incinerator conditions or ground burning requirements including distance clearances, times, attendance and extinguishment (s 24F(2)