1Objective
The objective of these Regulations is to provide for the protection of State forests, protected public land and national parks from damage by fire.
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The objective of these Regulations is to provide for the protection of State forests, protected public land and national parks from damage by fire.
These Regulations are made under sections 99 and 99A of the Forests Act 1958.
These Regulations come into operation on 7 June 2025.
The Forests (Fire Protection) Regulations 2014[1] are revoked.
In these Regulations—
adequate water supply means—
a reticulated water supply; or
a tank with a capacity of not less than 200 litres which is fully charged with water and capable of delivering a continuous and steady stream of water by means of a hose connected to a pump with an engine power rating of not less than 37 kilowatts;
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
AS 1019–2000 means the standard published by Standards Australia entitled "AS 1019–2000 Internal combustion engines—Spark emission control devices" as published on 1 August 2000;
AS 1687–1991 means the standard published by Standards Australia entitled "AS 1687–1991 Knapsack spray pumps for firefighting" as published on 11 February 1991;
AS/NZS 1841.1:2007 means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.1:2007 Portable fire extinguishers Part 1: General requirements" as published on 31 August 2007;
AS/NZS 1841.2:2007 means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.2:2007 Portable fire extinguishers Part 2: Specific requirements for water type extinguishers" as published on 31 August 2007;
operation means any operation connected with sawmilling, mining, quarrying, brick making, eucalyptus oil distilling or charcoal burning;
properly constructed fireplace means a fireplace constructed of stone, metal, concrete or other non-flammable material in a manner which contains the perimeter of a fire;
relevant licensed water frontage means a licensed water frontage (within the meaning of the Land Act 1958) that is not located in a State forest;
smoker means a device used to generate smoke for the purposes of beekeeping;
the Act means the Forests Act 1958;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010.
Nothing in these Regulations permits the lighting, kindling or maintaining of a fire—
in an area which is subject to a notice under section 64 of the Act prohibiting the use of fire in the open air; or
in an area which is subject to a declaration of a day or partial day of total fire ban under the Country Fire Authority Act 1958; or
in an area in which fires generally or a fire of that type are prohibited under the National Parks Act 1975; or
in contravention of any other Act.
If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in subregulation (2)) that provides that the carrying out of an activity is an offence does not apply to a member of the traditional owner group who is—
bound by the agreement; and
carrying out that activity as an agreed activity in accordance with the agreement and on land to which the agreement applies.
For the purpose of subregulation (1), the following provisions are specified—
regulation 15;
regulation 16;
regulation 17.
An authorised officer, by notice in writing given to a person, may grant an exemption from a provision of Part 3 or 4.
An exemption under subregulation (1)—
must specify the provisions to which the exemption relates and the period for which the exemption applies; and
may specify any reasonable conditions that the authorised officer considers appropriate.
An authorised officer, by notice in writing given to a person, may revoke an exemption granted under subregulation (1).
A person to whom an exemption is granted under subregulation (1) does not commit an offence against a provision specified in the exemption if the person complies with any conditions specified in the exemption when engaging in the conduct to which the offence relates.
For the purposes of section 63(1)(a) of the Act, a person is required to have written authority before lighting any fire in the open air in a State forest, on protected public land or in a national park unless the fire is—
a solid fuel campfire or barbeque that complies with regulation 10(1); or
a liquid fuel, gaseous fuel or chemical solid fuel campfire or barbeque that complies with regulation 11(1); or
a sawmill material fire that complies with regulation 12; or
a bee farming fire that complies with regulation 13; or
a fire that is lit in the course of undertaking an agreed activity by a traditional owner group or a member of a traditional owner group under and in accordance with a traditional owner group agreement on land to which the agreement applies.
For the purposes of section 63(2)(a) of the Act, a person is required to have written authority before lighting any fire in the open air in a fire protected area (not being a State forest, protected public land or a national park) during the prohibited period unless the fire is—
a solid fuel campfire or barbeque that complies with regulation 10(2); or
a liquid fuel, gaseous fuel or chemical solid fuel campfire or barbeque that complies with regulation 11(2); or
a sawmill material fire that complies with regulation 12; or
a bee farming fire that complies with regulation 13; or
a fire that is lit in the course of undertaking an agreed activity by a traditional owner group or a member of a traditional owner group under and in accordance with a traditional owner group agreement on land to which the agreement applies; or
a fire that is lit in accordance with any permit granted under section 38(1) or 40(4E) or (5) of the Country Fire Authority Act 1958.
The written authority of an authorised officer is not required for a campfire or barbeque using solid fuel in a State forest, on protected public land or in a national park if the fire is lit in a properly constructed fireplace.
The written authority of an authorised officer is not required for a campfire or barbeque that uses solid fuel in a fire protected area (not being a State forest, protected public land or a national park) during the prohibited period if—
the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of inflammable material; and
the area of the campfire or barbeque is not more than one square metre; and
none of the dimensions of any piece of the solid fuel that is being used in the campfire or barbeque exceeds one metre; and
the fire is lit in a properly constructed fireplace; and
the air movement in the vicinity of the fire is no stronger than 10 kilometres an hour.
Note
Sections 66B(1) and 66C of the Act set out prohibitions associated with the clearance and dimensions of a solid fuel campfire or barbeque lit in the open air in a State forest, on protected public land or in a national park.
The written authority of an authorised officer is not required for a campfire or barbeque that uses liquid fuel, gaseous fuel or chemical solid fuel if—
the fire is contained in an appliance designed and commercially manufactured to use that fuel; and
the appliance when alight is placed in a stable position.
The written authority of an authorised officer is not required for a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area (not being a State forest, protected public land or a national park) if the ground and airspace within a distance of 1·5 metres of the appliance are clear of inflammable material.
Note
Section 66B(2) of the Act prohibits a person from lighting, kindling or maintaining a campfire or barbeque that uses chemical solid fuel in the open air in certain circumstances, unless the areas around and above the fire meet the clearance requirements set out in that section.
The written authority of an authorised officer is not required for a fire in connection with the operations of a sawmill if the fire is effectively contained in a pit or structure.
An authorised officer, by written notice, may require a person in charge of a sawmill to alter the dimensions of a pit or structure referred to in subregulation (1) if the authorised officer reasonably believes that the pit or structure is not sufficient to effectively contain a fire in connection with the operations of the sawmill.
A person in charge of a sawmill who receives a notice under subregulation (2) must comply with the notice.
Penalty: 50 penalty units.
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