Bush Fires Regulations 1954

a container filled with at least 7.5 L of water; and

a pump capable of discharging that water, and which is in a sound and efficient condition;

Subject to the Act a person who has obtained a permit to burn the bush under section 18 of the Act (in this regulation called the permit holder) shall comply with the conditions set out in this regulation in relation to the burning of the bush.

The permit holder shall give notice of his intention to burn the bush upon land, or upon a part of land, to —

the chief executive officer or a bush fire control officer of the local government in whose district that land is situated; and

the owner or occupier of all land adjoining that land; and

a forest officer if the bush is situated within 3 km of forest land; and

an officer or employee of each notifiable authority (if any), being an officer or employee who is apparently authorised to accept that notice.

The period of notice required under subregulation (2) shall not be —

more than 28 days; or

less than 4 days unless the notice is given verbally in which case the minimum period of notice may be determined by mutual agreement.

Notice required to be given to an owner, occupier or other person under subregulation (2) may be given by any of the following methods —

by verbal communication or in writing as will ensure (except in the case mentioned in paragraph (c)) that every owner, occupier or other person is made aware of the intention to burn and the date and time thereof; or

by delivering it at the premises on which the person to whom notice is to be given lives or carries on business or by leaving it with a person who is apparently over the age of 16 years who resides or is employed on the premises; or

in the case of an owner or occupier of adjoining land who is not at the time residing on the adjoining land by posting, not less than 8 days prior to the first day on which it is intended to burn the bush, the notice by prepaid letter addressed to the last known place of abode or business of the owner or occupier.

A notice given under subregulation (2) shall contain full particulars of the locality where the bush proposed to be burnt is situated.

Before setting fire to the bush the permit holder shall arrange for and provide, in order to assist in keeping the fire under control and preventing it from spreading beyond the land on which the burning is to take place, at least 3 able‑bodied persons who shall be constantly in attendance at the fire from the time it is lit until no burning or smouldering fuel is within 30 m of the perimeter of the firebreak surrounding the burnt area or, if there is no such firebreak, within 30 m of the perimeter of the burnt area.

Where for any day, or any period of a day, specified in a notice given under subregulation (2) the fire danger forecast issued by the Bureau of Meteorology in Perth in respect of the locality where the bush proposed to be burnt is situated is either “catastrophic”, “extreme” or “high” the permit holder shall not burn the bush in the locality on that day or during that period but may burn the bush in the locality on the first day next following that day or that period on which the fire danger forecast issued by the Bureau of Meteorology is below “high”.

The permit holder shall not light a fire to burn the bush on a Sunday if the burning of bush on Sundays is for the time being prohibited in the district in which the bush is situated pursuant to regulation 15C(1).

The permit holder shall not light a fire to burn the bush on a day that is a public holiday in the district in which the bush is situated if the burning of the bush on that day is for the time being prohibited in that district pursuant to regulation 15C(2).

A local government may by notice published in a newspaper circulating in its district prohibit the burning of the bush in that district on Sundays during the restricted burning times and may, by subsequent notice so published, revoke that notice.

A local government may by notice published in a newspaper circulating in its district specify days, being days that are public holidays in that district, on which the burning of the bush is prohibited in that district during the restricted burning times and may, by subsequent notice so published, revoke that notice either absolutely or for the purpose of substituting another notice in lieu thereof.

A notice published under subregulation (1) or (2) shall have effect during the restricted burning times in each year until it is revoked.

Every application such as is mentioned in regulation 18 shall be sent or delivered so as to be received by the authorised officer at least 7 days prior to the day for which the permit is sought and shall be accompanied by such fee, not exceeding $20.00, as the local government may, by local law, from time to time prescribe.

The authorised officer shall, after the receipt of an application to burn clover, enter upon and inspect the land in respect of which the permit is sought and, upon being satisfied that the burning can be conducted with safety, may, subject to the succeeding provisions of this regulation and the provisions of regulations 20 and 21, issue a permit in the form of Form 5 in the Appendix.

The authorised officer shall specify in a permit the day, not being a Sunday and not necessarily the day for which the permit was sought, on which burning is authorised and shall, subject to subregulation (4), specify such time between the hours of 4 p.m. and midnight, as he thinks fit or as the local government may, from time to time, direct, at which burning may be commenced.

The FES Commissioner may, by notice in the Government Gazette authorise the issue of permits for the burning of clover, in any district or part of a district, at a time prior to 4 p.m. and, in that event a permit may, subject to the directions of the local government for that district or that part of a district, specify a time prior to 4 p.m. for the commencement of burning.

A person to whom a permit is issued under the provisions of regulation 19 shall at least 4 days before commencing to burn, deliver or cause to be delivered a notice of his intention in that regard —

to every occupier of land adjoining the area to be burnt; and

to the bush fire control officer for the district, if he is not the authorised person who issued the permit; and

to a forest officer who is employed in any State forest situated within 3 km of the area to be burnt; and

to an officer or employee of each notifiable authority (if any), being an officer or employee who is apparently authorised to accept that notice.

A person to whom a permit to burn clover is issued shall not burn or permit or suffer the burning of any area other than that for which the permit was issued or burn or permit or suffer burning on any day other than, or at any time prior to that specified in the permit.

A person burning clover or causing it to be burnt shall, himself, provide at least 3 men to be present, and ensure their constant attendance, at the area of the fire, from the time it is lighted, until it is completely extinguished, to assist in keeping the fire under control and contained in the area to be burnt.

Where it appears to a bush fire control officer for a district to be necessary or expedient to postpone the burning of clover on a day, or during any period of a day, for which the fire danger forecast issued by the Bureau of Meteorology in Perth in respect of the locality where the clover proposed to be burnt is situated is “catastrophic” or “extreme”, he may, by wireless broadcast from a radio station giving broadcast coverage to the district, by publication in a newspaper circulating in the district, or by written notice or oral direction given to any person or persons, subject to such direction as may be given by the local government, direct that, notwithstanding any permit to burn clover, clover shall not be burnt in the district on that day or during that period.

A person shall not burn or permit or suffer the burning of clover contrary to a direction given under subregulation (1).