Bush Fires Regulations 1954

[(1) deleted]

The use or operation of any engine, vehicle, plant, equipment or machinery on land on which there is bush or which is under crop or pasture or stubble is prescribed for the purposes of section 22B(3)(c) of the Act.

Subregulation (2) does not apply to the use or operation of any engine, vehicle, plant, equipment or machinery —

on a road that is not a private road; or

on a lane, private road, yard or other area that provides access to, or a parking facility at, any residential, farming or business premises, if the area has been sufficiently cleared of inflammable material to prevent the escape of fire.

Subregulation (3)(a) does not affect the application of Division 8 to the use or operation of any engine, vehicle, plant, equipment or machinery on a road to the extent that the use or operation is road work.

Subregulation (2) does not apply to the use or operation of any engine, vehicle, plant, equipment or machinery if —

the purpose of that use or operation is the prevention of an immediate and serious risk to the health or safety of a person or livestock; and

all reasonable precautions have been taken to prevent the use or operation from causing a bush fire; and

without limiting paragraph (b), the condition applicable under subregulation (5) is complied with.

Subregulation (2) does not apply to the use or operation of any engine, vehicle, plant, equipment or machinery if —

the use or operation is or is part of an agricultural activity; and

the use or operation is not, and is not part of, a process or operation specified for the purposes of section 27A(1)(a)(ii) of the Act as being a process or operation likely to create a bush fire danger; and

all reasonable precautions have been taken to prevent the use or operation from causing a bush fire; and

without limiting paragraph (b), the condition applicable under subregulation (5) is complied with,

unless —

the use or operation is inconsistent with a declaration under regulation 38C; or

a ban under regulation 24C is in force in the area in which the use or operation is taking place or was to take place.

The condition is that the internal combustion engine that is, or that activates, the engine, vehicle, plant, equipment or machinery being used or operated is mechanically sound and has an exhaust system that —

is clean and free from gas leaks; and

except in the case of a motor vehicle, is fitted with a suitable spark arrester for the engine.

[Regulation 24A inserted: Gazette 1 Dec 2009 p. 4832‑4; amended: Gazette 5 Nov 2010 p. 5564-5; 2 Dec 2011 p. 5059‑60; 8 Jan 2015 p. 109; 5 Nov 2019 p. 3883; SL 2021/10 r. 5.]

[24B. Deleted: Gazette 5 Nov 2019 p. 3883.]

24C. Bans for r. 24A(5A), imposing and duration of etc.

A bush fire control officer may impose a ban, for the purposes of regulation 24A(5A), in an area if satisfied that the use or operation of any engine, vehicle, plant, equipment or machinery in the area during the period to be specified for the ban would be likely to cause a bush fire or contribute to the spread of a bush fire.

A bush fire control officer must impose a ban, for the purposes of regulation 24A(5A), in an area if satisfied that the bush fire behaviour index for the area is or exceeds 40.

For the purposes of subregulation (2), the bush fire behaviour index must be worked out —

using the “CSIRO Grassland Fire Spread Model”; and

using the following input variables —

for fuel condition — “cut/grazed grassland”;

for fuel load — 4.5 tonnes per hectare.

A ban —

has effect for the period specified for the ban; and

must be published by wireless broadcast and, if practicable, in writing; and

may be varied or cancelled by a bush fire control officer by wireless broadcast and, if practicable, in writing.

The period specified for the ban must be included in the wireless broadcasts of the ban and in any written publication of the ban.

[Regulation 24C inserted: Gazette 5 Nov 2010 p. 5565‑6; amended: Gazette 2 Dec 2011 p. 5060; SL 2022/153 r. 7.]