Bush Fires Regulations 1954

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).