Part 4Fire prevention

Part 4—Fire prevention 51—Duties to prevent fires—private land (1) For the purposes of section 105F(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed. (2) For the purposes of section 105F(5) of the Act, the form set out in Schedule 6 is prescribed. (3) For the purposes of section 105F(10) of the Act, the form set out in Schedule 7 is prescribed. 52—Duties to prevent fires—council land For the purposes of section 105G(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed. 53—Duties to prevent fires—Crown land For the purposes of section 105H(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed. 54—Prescribed activity For the purposes of section 105IA of the Act, the following activities are prescribed: (a) lighting or maintaining a fire; (b) operating a gas fire or electric element for cooking purposes in the open air; (c) operating a stationary engine not enclosed by non‑flammable material in the open air; (d) operating an internal combustion engine; (e) operating a vehicle driven by an internal combustion engine; (f) landing an aircraft on, or taking off from, land; (g) operating an appliance used for welding or soldering with an exposed flame in the open air; (h) operating an appliance used for metal cutting in the open air; (i) operating an appliance used for metal grinding in the open air; (j) operating an appliance used for metal abrasion in the open air; (k) operating an appliance used as a rabbit fumigator; (l) operating a bird scarer (within the meaning of regulation 42); (m) operating an appliance used to generate smoke for manipulating bees; (n) lighting or maintaining a fire in the open air to protect against frost in an orchard or vineyard (smudging); (o) using fireworks in the open air; (p) blasting any tree, wood or timber by the use of explosive materials; (q) blasting as part of mining operations by the use of explosive materials. 55—Applications for warrants (1) The grounds for an application for a warrant under section 105J of the Act made personally must be verified by affidavit. (2) If an application for a warrant is made under section 105J of the Act by telephone— (a) the applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the magistrate from the information given by the applicant that there are reasonable grounds to issue a warrant (taking into account the requirements of the Act), the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (3) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 56—Prescribed rate of interest For the purposes of section 105J(9) of the Act, the prescribed rate of interest will be a rate of 5% above the cash rate published by the Reserve Bank of Australia applying at the time at which the period fixed by the Minister under subsection (9)(b)(i) of that section expires.