1Citation
These regulations may be cited as the Bush Fires (Infringements) Regulations 1978.
[Regulation 1 inserted: Gazette 22 December 1998 p.6860.]
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Bill homepageThese regulations may be cited as the Bush Fires (Infringements) Regulations 1978.
[Regulation 1 inserted: Gazette 22 December 1998 p.6860.]
In these regulations —
infringement notice means a notice served pursuant to section 59A(2) of the Act;
the Act means the Bush Fires Act 1954.
The offences described in the First Schedule to these regulations are those prescribed for the purposes of section 59A of the Act and the amount appearing in the final column of that Schedule, directly opposite an offence, is the prescribed penalty in respect of that offence if dealt with under that section.
For the purposes of section 59A(5) of the Act a prescribed officer is —
in the case of an infringement notice issued by a local government, or at the request of a local government, or by a person acting pursuant to a delegation made by a local government pursuant to section 59(3) of the Act —the chief executive officer, mayor or president of the local government;
in the case of an infringement notice issued by a person authorised by the Minister or issued by a person employed in the Department for the purposes of this Act — the FES Commissioner or a person employed in the Department authorised by the FES Commissioner;
in the case of an infringement notice issued by a member of the Police Force — any commissioned officer of the Police Force;
in the case of an infringement notice issued by an authorised CALM Act officer — the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Conservation and Land Management Act 1984.
[Regulation 4 amended: Gazette 11 August 1978 p.2902; 22 December 1998 pp.6855 and 6860; 18 Sep 2018 p. 3511‑12.]
The forms set out in the Second Schedule to these regulations are prescribed for the respective purposes for which forms are required by section 59A of the Act.
First Schedule
Item | Regulation or Section | Nature of offence | Penalty | ||
|---|---|---|---|---|---|
Bush Fires Act 1954 | |||||
$ | |||||
1 | Section 17(12) | Setting fire to bush during prohibited burning times | 250 | ||
2 | Section 18 | Offences relating to burning of bush | 250 | ||
2A | Section 22B(2) | Offences relating to fires in the open air during total fire ban | 1 000 | ||
2B | Section 22C(5) | Failure to observe and carry out the conditions of an exemption from section 22B | 1 000 | ||
3 | Section 22(3)(a) | Failure to notify and obtain approval of local government before setting fire to bush on land adjoining exempt land | 250 | ||
4 | Section 22(3)(b) | Failure to prepare a fire break in accordance with section 22(3)(b) before setting fire to bush on land adjoining exempt land | 250 | ||
5 | Section 24B(3)(a) | Failure to produce permit to burn | 100 | ||
6 | Section 24B(3)(b) | Failure or refusal to identify person who issued permit to burn | 100 | ||
6A | Section 24D | Burning garden refuse when fire danger is extreme or high | 250 | ||
6B | Section 24E | Burning garden refuse at rubbish tip contrary to notice | 1 000 | ||
6C | Section 24F | Burning garden refuse during limited burning times | 250 | ||
6D | Section 24G | Burning garden refuse contrary to Ministerial or local government prohibition or restriction | 250 | ||
7 | Section 25 | Offences relating to lighting of fires in the open air | 250 | ||
8 | Section 25A(4) | Failure to observe and carry out the conditions of an exemption from section 25 | 250 | ||
9 | Section 25A(7) | Lighting a fire contrary to a notice issued under section 25A(5) by a local government | 250 | ||
[10 | deleted] | ||||
11 | Section 26 | Failure to carry out burning of proclaimed plants or refuse thereof in accordance with the regulations | 250 | ||
12 | Section 26A | Failure to carry out burning of declared plants or refuse thereof in accordance with the regulations | 250 | ||
$ | |||||
13 | Section 27(1) | Offences relating to the operation of tractors, or self‑propelled harvesters, engines, machinery and vehicles during the prohibited and restricted burning times | 250 | ||
14 | Section 27(5) | Operation of a tractor or self‑propelled harvester without a fire extinguisher contrary to a notice issued by a local government | 250 | ||
15 | Section 27B(1) | Giving a false alarm of fire | 250 | ||
16 | Section 27C(1) | Vandalism | 250 | ||
17 | Section 27D(2) | Offence related to the carriage of incendiary material in a motor vehicle | 250 | ||
18 | Section 27D(3) | Offence relating to the depositing of incendiary material | 250 | ||
19 | Section 28(1) | Failure of occupier of land to extinguish a bush fire burning on that land | 250 | ||
20 | Section 30 | Offences relating to the disposal of cigarettes, cigars and matches | 100 | ||
21 | Section 33(3) | Failure of owner or occupier of land to comply with a notice requiring him to take action to plough or clear firebreaks or take other action to prevent the outbreak or spread of bush fires | 250 | ||
22 | Section 46(2) | Lighting fire contrary to section 46 or failing to carry out directions of bush fire control officer, local government or forest officer | 250 | ||
23 | Section 47 | Lighting a firebreak without direction while bush fire burning | 250 | ||
24 | Section 56(3) | Refusal to state name and abode or stating false name and abode | 100 | ||
25 | Section 57 | Obstruction | 250 | ||
Bush Fires Regulations 1954 | |||||
$ | |||||
26 | Regulation 15(2) | Applying to another bush fire control officer for permit where permit already refused or granted subject to special conditions | 250 | ||
27 | Regulation 15B(1) | Failure to comply with conditions in regulation 15B in relation to the burning of the bush | 250 | ||
28 | Regulation 19A(1) | Failure to deliver prescribed notice of intention to burn clover | 250 | ||
29 | Regulation 19A(2) | Burning clover in an area or at a time other than that specified in a permit | 250 | ||
30 | Regulation 19A(3) | Failure to have 3 men in attendance during the burning of clover | 250 | ||
31 | Regulation 21 | Burning clover contrary to conditions or requisitions specified in a permit | 250 | ||
32 | Regulation 21B(2) | Burning clover contrary to a direction given by a bush fire control officer | 250 | ||
33 | Regulation 22 | Failure to notify or report the escape of a fire lit under permit | 250 | ||
34 | Regulation 22B(1) | Offence relating to burning under section 24A of the Act in certain parts of the State | 250 | ||
35 | Regulation 22B(2) | Failure to comply with a requisition of a bush fire control officer relating to burning under section 24A of the Act | 250 | ||
36 | Regulation 23(1) and (3) | Offences relating to charcoal burning | 250 | ||
37 | Regulation 37A | Offences relating to operation of bulldozer or road‑grader | 250 | ||
$ | |||||
38 | Regulation 38 | Operating harvesting machine or header during prohibited burning times or restricted burning times without fire extinguisher | 250 | ||
39 | Regulation 38A(3) | Operating or using engines, vehicles, plant or machinery contrary to notice or direction | 500 | ||
40 | Regulation 38A(4) | Failure to provide plough or other machine or equipment when required by local government | 250 | ||
41 | Regulation 38B(3)(a) | Operating any power saw, bag loader or other plant or equipment activated by an internal combustion engine contrary to harvest ban | 500 | ||
42 | Regulation 38B(3)(b) | Failure to fit spark arrester to power saw, bag loader or other plant or equipment | 250 | ||
43 | Regulation 38C(3) | Operating harvesting machine or header when prohibited | 500 | ||
44 | Regulation 39 | Offences relating to operation of chaff cutting plants | 250 | ||
45 | Regulation 39A | Offences relating to operation of motor vehicles | 250 | ||
46 | Regulation 39B | Offences relating to operation of aeroplanes | 250 | ||
47 | Regulation 39C | Offences relating to operation of welding and cutting apparatus | 250 | ||
47A | Regulation 39CA(3) and (4) | Offences relating to operation of bee smoker devices | 250 | ||
47B | Regulation 39CA(5) | Failure to comply with directions of bush fire control officer | 250 | ||
48 | Regulation 39D(1) | Offences relating to use of explosives | 250 | ||
$ | |||||
49 | Regulation 39D(2) | Failure to comply with directions of bush fire control officers as to use of explosives | 250 | ||
49A | Regulation 39E(2) | Offences relating to the use of fireworks | 250 | ||
49B | Regulation 39E(3) | Failure to comply with the directions of a bush fire control officer | 250 | ||
50 | Regulation 43(1) | Failure to give prescribed notification to local government regarding the occurrence of a bush fire | 100 | ||
51 | Regulation 44(a) | Failure by owner or occupier of land to give prescribed notice of intention to exercise powers conferred by section 34 of the Act | 250 | ||
[First Schedule inserted: Gazette 23 November 1990 pp.5779‑82; amended: Gazette 22 December 1998 pp.6856 and 6860; 23 November 1999 p.5851; 18 July 2000 p.3863; 10 January 2003 p. 34-35; 18 Sep 2018 p. 3512; SL 2022/153 r. 4.]
Second Schedule
Form 1
Western Australia
BUSH FIRES INFRINGEMENT NOTICE
Bush Fires Act 1954, section 59A(2)
No…………..
Date / /
M ……………………………………. ………………………………………
Surname (Block letters) Other Names (In full)
Address …………………………………………………………………………..
Number and Street
……………………………………….………………………………………........
Town or Suburb Postcode
It is alleged that at ………………………………………………………………..
on the / / you committed the following offence: —
No. Offence Penalty
$
..........………… .........................…...... ..........…………....
Name of officer issuing notice …………………………………………………...
You may dispose of this matter —
by payment of the penalty as shown within 21 days of the date of the notice to ..................................................................................; or
by having it dealt with by a Court.
If the penalty is not paid within 21 days court proceedings may be taken against you.
Form 2
Western Australia
WITHDRAWAL OF BUSH FIRES INFRINGEMENT NOTICE
Bush Fires Act 1954, section 59A(5)
No…………..
Date / /
M ……………………………………. ………………………………………
Surname (Block letters) Other Names (In full)
Address …………………………………………………………………………..
Number and Street
……………………………………….………………………………………........
Town or Suburb Postcode
Bush Fires Infringement Notice No. …………………. Date / /
for the alleged offence of ………………………………………………………...
………………………………………………… Penalty $ ………………….
is hereby withdrawn.
Strike out (a) No further action will be taken.
that not (b) It is proposed to institute court proceedings for the applicable. alleged offence.
Signature of
prescribed officer ………………...
This is a compilation of the Bush Fires (Infringements) Regulations 1978 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Citation | Published | Commencement |
|---|---|---|
Bush Fires (Infringements) Regulations 1978 | 10 Mar 1978 p. 702‑4 | 10 Mar 1978 |
11 Aug 1978 p. 2902 | 11 Aug 1978 | |
Bush Fires (Infringements) Amendment Regulations 1983 | 1 Jul 1983 p. 2111‑3 | 29 Jul 1983 (see r. 2) |
Bush Fires (Infringements) Amendment Regulations 1990 | 23 Nov 1990 p. 5779‑82 | 21 Dec 1990 (see r. 2) |
Bush Fires (Infringements) Amendment Regulations 1998 | 22 Dec 1998 p. 6860 | 22 Dec 1998 (see r. 2) |
Bush Fires (Fire and Emergency Services Authority) Amendment Regulations 1998, Part 3 | 22 Dec 1998 p. 6854-6 | 1 Jan 1999 (see r. 2 and Gazette 22 Dec 1998 p. 6833) |
Bush Fires (Infringements) Amendment Regulations 1999 | 23 Nov 1999 p. 5851 | 23 Nov 1999 |
Bush Fires (Infringements) Amendment Regulations 2000 | 18 Jul 2000 p. 3863 | 18 Jul 2000 (see r. 2 and Gazette 18 Jul 2000 p. 3862) |
Bush Fires (Infringements) Amendment Regulations 2003 | 10 Jan 2003 p. 33-35 | 10 Jan 2003 |
Bush Fires (Infringements) Amendment Regulations 2018 | 18 Sep 2018 p. 3511‑12 | r. 1 and 2: 18 Sep 2018 (see r. 2(a)); |
Bush Fires Regulations Amendment Regulations 2022 Pt. 2 | SL 2022/153 26 Aug 2022 | 1 Sep 2022 (see r. 2(b)) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
infringement notice 2
the Act 2