146Non-vehicular heat engines

146 Non-vehicular heat engines

(1) In this regulation, fire danger period includes a prohibited period declared under section 3(1) of the Forests Act 1958.

(2) This regulation does not apply to—

(a) a heat engine propelling or incorporated in a vehicle or machine to which section 50 of the Act applies; or

(b) a chainsaw, plant or grass trimmer or lawn mower used on green vegetation.

(3) A person must not use a heat engine in the open air in the country area of Victoria (not including a fire protected area) unless—

(a) the heat engine is fitted with an efficient spark arrester; and

(b) if a fire danger period is in force in the area of use—

(i) the area around the heat engine is cleared of flammable material for a radius of not less than 3 metres; or

(ii) subject to subregulation (4), a person who has the capacity to extinguish a fire is in attendance at all times the heat engine is in operation and has with them the fire suppression equipment specified in regulation 145(1) or other fire suppression equipment of the type and number approved by the Chief Officer.

Penalty: 10 penalty units.

(4) The Chief Officer may exempt a person from compliance with subregulation (3)(b) where the Chief Officer considers it appropriate in the circumstances.