Section 1 - Bush Fires (Infringements) Regulations 1978 - Bush Fires (Infringements) Regulations 1978

1Bush Fires (Infringements) Regulations 1978

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CrestWestern Australia

Bush Fires Act 1954

Bush Fires (Infringements) Regulations 1978

Western Australia

Bush Fires (Infringements) Regulations 1978

Contents

Citation 1
Interpretation 1
Offences and penalties 1
Prescribed officers 1
Forms 2

First Schedule

Second Schedule

Notes

Compilation table 10

Defined terms

Western Australia

Bush Fires Act 1954

Bush Fires (Infringements) Regulations 1978

1. Citation

These regulations may be cited as the Bush Fires (Infringements) Regulations 1978.

[Regulation 1 inserted: Gazette 22 December 1998 p.6860.]

2. Interpretation

In these regulations —

infringement notice means a notice served pursuant to section 59A(2) of the Act;

the Act means the Bush Fires Act 1954.

3. Offences and penalties

The offences described in the First Schedule to these regulations are those prescribed for the purposes of section 59A of the Act and the amount appearing in the final column of that Schedule, directly opposite an offence, is the prescribed penalty in respect of that offence if dealt with under that section.

4. Prescribed officers

For the purposes of section 59A(5) of the Act a prescribed officer is —

(a) in the case of an infringement notice issued by a local government, or at the request of a local government, or by a person acting pursuant to a delegation made by a local government pursuant to section 59(3) of the Act —the chief executive officer, mayor or president of the local government;

(b) in the case of an infringement notice issued by a person authorised by the Minister or issued by a person employed in the Department for the purposes of this Act — the FES Commissioner or a person employed in the Department authorised by the FES Commissioner;

(c) in the case of an infringement notice issued by a member of the Police Force — any commissioned officer of the Police Force;

(d) in the case of an infringement notice issued by an authorised CALM Act officer — the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Conservation and Land Management Act 1984.

Item	Regulation or Section		Nature of offence		Penalty
Bush Fires Act 1954
$
1	Section 17(12)		Setting fire to bush during prohibited burning times		250
2	Section 18		Offences relating to burning of bush		250
2A		Section 22B(2)	Offences relating to fires in the open air during total fire ban		1 000
2B		Section 22C(5)	Failure to observe and carry out the conditions of an exemption from section 22B		1 000
3	Section 22(3)(a)		Failure to notify and obtain approval of local government before setting fire to bush on land adjoining exempt land		250
4	Section 22(3)(b)		Failure to prepare a fire break in accordance with section 22(3)(b) before setting fire to bush on land adjoining exempt land		250
5	Section 24B(3)(a)		Failure to produce permit to burn		100
6	Section 24B(3)(b)		Failure or refusal to identify person who issued permit to burn		100
6A	Section 24D		Burning garden refuse when fire danger is extreme or high		250
6B	Section 24E		Burning garden refuse at rubbish tip contrary to notice		1 000
6C	Section 24F		Burning garden refuse during limited burning times		250
6D	Section 24G		Burning garden refuse contrary to Ministerial or local government prohibition or restriction		250
7	Section 25		Offences relating to lighting of fires in the open air		250
8	Section 25A(4)		Failure to observe and carry out the conditions of an exemption from section 25		250
9	Section 25A(7)		Lighting a fire contrary to a notice issued under section 25A(5) by a local government		250
[10	deleted]
11	Section 26		Failure to carry out burning of proclaimed plants or refuse thereof in accordance with the regulations		250
12	Section 26A		Failure to carry out burning of declared plants or refuse thereof in accordance with the regulations		250
$
13	Section 27(1)		Offences relating to the operation of tractors, or self‑propelled harvesters, engines, machinery and vehicles during the prohibited and restricted burning times		250
14	Section 27(5)		Operation of a tractor or self‑propelled harvester without a fire extinguisher contrary to a notice issued by a local government		250
15	Section 27B(1)		Giving a false alarm of fire		250
16	Section 27C(1)		Vandalism		250
17	Section 27D(2)		Offence related to the carriage of incendiary material in a motor vehicle		250
18	Section 27D(3)		Offence relating to the depositing of incendiary material		250
19	Section 28(1)		Failure of occupier of land to extinguish a bush fire burning on that land		250
20	Section 30		Offences relating to the disposal of cigarettes, cigars and matches		100
21	Section 33(3)		Failure of owner or occupier of land to comply with a notice requiring him to take action to plough or clear firebreaks or take other action to prevent the outbreak or spread of bush fires		250
22	Section 46(2)		Lighting fire contrary to section 46 or failing to carry out directions of bush fire control officer, local government or forest officer		250
23	Section 47		Lighting a firebreak without direction while bush fire burning		250
24	Section 56(3)		Refusal to state name and abode or stating false name and abode		100
25	Section 57		Obstruction		250
Bush Fires Regulations 1954
$
26	Regulation 15(2)		Applying to another bush fire control officer for permit where permit already refused or granted subject to special conditions		250
27	Regulation 15B(1)		Failure to comply with conditions in regulation 15B in relation to the burning of the bush		250
28	Regulation 19A(1)		Failure to deliver prescribed notice of intention to burn clover		250
29	Regulation 19A(2)		Burning clover in an area or at a time other than that specified in a permit		250
30	Regulation 19A(3)		Failure to have 3 men in attendance during the burning of clover		250
31	Regulation 21		Burning clover contrary to conditions or requisitions specified in a permit		250
32	Regulation 21B(2)		Burning clover contrary to a direction given by a bush fire control officer		250
33	Regulation 22		Failure to notify or report the escape of a fire lit under permit		250
34	Regulation 22B(1)		Offence relating to burning under section 24A of the Act in certain parts of the State		250
35	Regulation 22B(2)		Failure to comply with a requisition of a bush fire control officer relating to burning under section 24A of the Act		250
36	Regulation 23(1) and (3)		Offences relating to charcoal burning		250
37	Regulation 37A		Offences relating to operation of bulldozer or road‑grader		250
$
38	Regulation 38			Operating harvesting machine or header during prohibited burning times or restricted burning times without fire extinguisher	250
39	Regulation 38A(3)			Operating or using engines, vehicles, plant or machinery contrary to notice or direction	500
40	Regulation 38A(4)			Failure to provide plough or other machine or equipment when required by local government	250
41	Regulation 38B(3)(a)			Operating any power saw, bag loader or other plant or equipment activated by an internal combustion engine contrary to harvest ban	500
42	Regulation 38B(3)(b)			Failure to fit spark arrester to power saw, bag loader or other plant or equipment	250
43	Regulation 38C(3)		Operating harvesting machine or header when prohibited		500
44	Regulation 39		Offences relating to operation of chaff cutting plants		250
45	Regulation 39A		Offences relating to operation of motor vehicles		250
46	Regulation 39B		Offences relating to operation of aeroplanes		250
47	Regulation 39C		Offences relating to operation of welding and cutting apparatus		250
47A	Regulation 39CA(3) and (4)		Offences relating to operation of bee smoker devices		250
47B	Regulation 39CA(5)		Failure to comply with directions of bush fire control officer		250
48	Regulation 39D(1)		Offences relating to use of explosives		250
$
49	Regulation 39D(2)		Failure to comply with directions of bush fire control officers as to use of explosives		250
49A	Regulation 39E(2)		Offences relating to the use of fireworks		250
49B	Regulation 39E(3)		Failure to comply with the directions of a bush fire control officer		250
50	Regulation 43(1)		Failure to give prescribed notification to local government regarding the occurrence of a bush fire		100
51	Regulation 44(a)		Failure by owner or occupier of land to give prescribed notice of intention to exercise powers conferred by section 34 of the Act		250

Item

Regulation or Section

Nature of offence

Penalty

Bush Fires Act 1954

Section 17(12)

Setting fire to bush during prohibited burning times

250

Section 18

Offences relating to burning of bush

250

Section 22B(2)

Offences relating to fires in the open air during total fire ban

1 000

Section 22C(5)

Failure to observe and carry out the conditions of an exemption from section 22B

1 000

Section 22(3)(a)

Failure to notify and obtain approval of local government before setting fire to bush on land adjoining exempt land

250

Section 22(3)(b)

Failure to prepare a fire break in accordance with section 22(3)(b) before setting fire to bush on land adjoining exempt land

250

Section 24B(3)(a)

Failure to produce permit to burn

100

Section 24B(3)(b)

Failure or refusal to identify person who issued permit to burn

100

Section 24D

Burning garden refuse when fire danger is extreme or high

250

Section 24E

Burning garden refuse at rubbish tip contrary to notice

1 000

Section 24F

Burning garden refuse during limited burning times

250

Section 24G

Burning garden refuse contrary to Ministerial or local government prohibition or restriction

250

Section 25

Offences relating to lighting of fires in the open air

250

Section 25A(4)

Failure to observe and carry out the conditions of an exemption from section 25

250

Section 25A(7)

Lighting a fire contrary to a notice issued under section 25A(5) by a local government

250

[10

deleted]

Section 26

Failure to carry out burning of proclaimed plants or refuse thereof in accordance with the regulations

250

Section 26A

Failure to carry out burning of declared plants or refuse thereof in accordance with the regulations

250

Section 27(1)

Offences relating to the operation of tractors, or self‑propelled harvesters, engines, machinery and vehicles during the prohibited and restricted burning times

250

Section 27(5)

Operation of a tractor or self‑propelled harvester without a fire extinguisher contrary to a notice issued by a local government

250

Section 27B(1)

Giving a false alarm of fire

250

Section 27C(1)

Vandalism

250

Section 27D(2)

Offence related to the carriage of incendiary material in a motor vehicle

250

Section 27D(3)

Offence relating to the depositing of incendiary material

250

Section 28(1)

Failure of occupier of land to extinguish a bush fire burning on that land

250

Section 30

Offences relating to the disposal of cigarettes, cigars and matches

100

Section 33(3)

Failure of owner or occupier of land to comply with a notice requiring him to take action to plough or clear firebreaks or take other action to prevent the outbreak or spread of bush fires

250

Section 46(2)

Lighting fire contrary to section 46 or failing to carry out directions of bush fire control officer, local government or forest officer

250

Section 47

Lighting a firebreak without direction while bush fire burning

250

Section 56(3)

Refusal to state name and abode or stating false name and abode

100

Section 57

Obstruction

250

Bush Fires Regulations 1954

Regulation 15(2)

Applying to another bush fire control officer for permit where permit already refused or granted subject to special conditions

250

Regulation 15B(1)

Failure to comply with conditions in regulation 15B in relation to the burning of the bush

250

Regulation 19A(1)

Failure to deliver prescribed notice of intention to burn clover

250

Regulation 19A(2)

Burning clover in an area or at a time other than that specified in a permit

250

Regulation 19A(3)

Failure to have 3 men in attendance during the burning of clover

250

Regulation 21

Burning clover contrary to conditions or requisitions specified in a permit

250

Regulation 21B(2)

Burning clover contrary to a direction given by a bush fire control officer

250

Regulation 22

Failure to notify or report the escape of a fire lit under permit

250

Regulation 22B(1)

Offence relating to burning under section 24A of the Act in certain parts of the State

250

Regulation 22B(2)

Failure to comply with a requisition of a bush fire control officer relating to burning under section 24A of the Act

250

Regulation 23(1) and (3)

Offences relating to charcoal burning

250

Regulation 37A

Offences relating to operation of bulldozer or road‑grader

250

Regulation 38

Operating harvesting machine or header during prohibited burning times or restricted burning times without fire extinguisher

250

Regulation 38A(3)

Operating or using engines, vehicles, plant or machinery contrary to notice or direction

500

Regulation 38A(4)

Failure to provide plough or other machine or equipment when required by local government

250

Regulation 38B(3)(a)

Operating any power saw, bag loader or other plant or equipment activated by an internal combustion engine contrary to harvest ban

500

Regulation 38B(3)(b)

Failure to fit spark arrester to power saw, bag loader or other plant or equipment

250

Regulation 38C(3)

Operating harvesting machine or header when prohibited

500

Regulation 39

Offences relating to operation of chaff cutting plants

250

Regulation 39A

Offences relating to operation of motor vehicles

250

Regulation 39B

Offences relating to operation of aeroplanes

250

Regulation 39C

Offences relating to operation of welding and cutting apparatus

250

47A

Regulation 39CA(3) and (4)

Offences relating to operation of bee smoker devices

250

47B

Regulation 39CA(5)

Failure to comply with directions of bush fire control officer

250

Regulation 39D(1)

Offences relating to use of explosives

250

Regulation 39D(2)

Failure to comply with directions of bush fire control officers as to use of explosives

250

49A

Regulation 39E(2)

Offences relating to the use of fireworks

250

49B

Regulation 39E(3)

Failure to comply with the directions of a bush fire control officer

250

Regulation 43(1)

Failure to give prescribed notification to local government regarding the occurrence of a bush fire

100

Regulation 44(a)

Failure by owner or occupier of land to give prescribed notice of intention to exercise powers conferred by section 34 of the Act

250

Citation	Published	Commencement
Bush Fires (Infringements) Regulations 1978	10 Mar 1978 p. 702‑4	10 Mar 1978
	11 Aug 1978 p. 2902	11 Aug 1978
Bush Fires (Infringements) Amendment Regulations 1983	1 Jul 1983 p. 2111‑3	29 Jul 1983 (see r. 2)
Bush Fires (Infringements) Amendment Regulations 1990	23 Nov 1990 p. 5779‑82	21 Dec 1990 (see r. 2)
Bush Fires (Infringements) Amendment Regulations 1998	22 Dec 1998 p. 6860	22 Dec 1998 (see r. 2)
Bush Fires (Fire and Emergency Services Authority) Amendment Regulations 1998,<br>Part 3	22 Dec 1998 p. 6854-6	1 Jan 1999 (see r. 2 and Gazette 22 Dec 1998 p. 6833)
Bush Fires (Infringements) Amendment Regulations 1999	23 Nov 1999 p. 5851	23 Nov 1999
Bush Fires (Infringements) Amendment Regulations 2000	18 Jul 2000<br>p. 3863	18 Jul 2000 (see r. 2 and Gazette 18 Jul 2000 p. 3862)
Bush Fires (Infringements) Amendment Regulations 2003	10 Jan 2003 p. 33-35	10 Jan 2003
Bush Fires (Infringements) Amendment Regulations 2018	18 Sep 2018 p. 3511‑12	r. 1 and 2: 18 Sep 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Sep 2018 (see r. 2(b))
Bush Fires Regulations Amendment Regulations 2022 Pt. 2	SL 2022/153 26 Aug 2022	1 Sep 2022 (see r. 2(b))

1Bush Fires (Infringements) Regulations 1978

Get a plain-English read of 1

1. Citation

2. Interpretation

3. Offences and penalties

4. Prescribed officers

5. Forms