16Machines in forestry areas—the Act, s 92

16 Machines in forestry areas—the Act, s 92

16 Machines in forestry areas—the Act, s 92

(1) For the Act, section 92(2)(b), a person must not drive or use a machine in a forestry area unless—

(a) a spark arrester that is in a serviceable condition is securely fixed to the exhaust of the machine, and

(b) the following are in safe working order—

(i) fuel, electrical and braking systems,

(ii) all combustion chambers, manifolds, exhaust pipes and expansion chambers of the machine and the machine’s joints, and

(c) the machine is free of surplus oil, dust impregnated with oil and vegetable matter.

Maximum penalty—20 penalty units.

(2) Subsection (1)(a) does not apply to a vehicle.

(3) A person must not refuel a machine in a forestry area if there is combustible matter less than 1.5m from the machine.

Maximum penalty—20 penalty units.

(4) For the Act, section 92(2)(f), an authorised officer may direct a person to stop using a machine in a forestry area for a period specified by the officer if the officer believes the machine—

(a) is a fire risk, or

(b) is being used in a way that creates a fire risk.

(5) A person given a direction under subsection (4) must comply with the direction.

Maximum penalty—20 penalty units.

(6) In this section—

use, a machine, includes operate or control the machine.