38AFires for certain purposes to be lawful

38A Fires for certain purposes to be lawful

(1) Section 37 does not apply to a person who lights a fire—

S. 38A(1)(a) amended by No. 50/1989
s. 13(a).

(a) for the purpose of meal preparation or personal comfort if—

(i) the air movement in the vicinity of the fire is no stronger than ten kilometres per hour;

(ii) the fire is lit in a properly constructed fireplace or in a trench at least 30 centimetres deep;

S. 38A(1)(a)(iii) repealed by No. 5/2012
s. 26(1).

(iv) the ground and air space within a distance of three metres from the outer perimeters and uppermost point of the fire are clear of flammable material; and

(v) the fire does not occupy an area in excess of one square metre and the size of the fire and the dimensions of solid fuel used are the minimum necessary for the purpose; or

S. 38A(1)(b) amended by No. 50/1989
s. 13(a).

(b) for the purpose of burning refuse if—

(i) the fire is effectively restricted within an incinerator;

(ii) the air movement in the vicinity is no stronger than 10 kilometres an hour;

S. 38A(1)(b)(iii) amended by No. 5/2012
s. 26(2).

(iii) the ground and air space within a distance of three metres from the outer perimeters of the incinerator are clear of flammable material; and

(iv) a supply of water adequate for the extinguishment of the fire is readily available at all times when the fire is burning; or

S. 38A(1)(c) amended by No. 5/2012
s. 26(3).

(c) for the purpose of extracting honey, relocating bees, rail maintenance, heating bitumen, welding, gas-cutting, soldering, grinding or charring if—

(i) a shield or guard of fire resistant material is placed or erected in such a way as to prevent the emission of sparks, hot metal or slag from the fire;

(ii) the area for a radius of at least 1⋅5 metres from the operation is clear of all flammable material or wetted down sufficiently to prevent the spread of fire;

(iii) there is available for immediate use in the event of the fire a reticulated water supply or an effective water spray pump of the knapsack pattern with a tank capacity of not less than nine litres and fully charged with water; and

(iv) cut-offs and electrode stubs from the operation are placed directly in a fire proof receptacle; or

S. 38A(1)(d) substituted by No. 2/1995
s. 13(g).

(d) for the purpose of disposal of the by-products of sawmilling operations if the person complies with the regulations; or