Exclusion of operation of section 103A(3) of Act: fire
118 Exclusion of operation of section 103A(3) of Act: fire
The operation of section 103A(3) of the Act is excluded in relation to lighting or kindling a fire contrary to section 104(1) of the Act or regulation 39(2) if the fire is lit or kindled without the written permission of the CEO on or in any of the following —
recreational land;
a townsite;
Moore River Nature Reserve (Reserve No. 41830);
urban land.
In subregulation (1)(d) —
urban land does not include land in —
Avon Valley National Park (Reserve No. 30192);
Dwellingup State Forest (State Forest 14);
Lane Poole Reserve (Reserve No. 39827);
Jarrahdale State Forest (State Forest 22);
Moore River State Forest (State Forest 65);
Walyunga National Park (Reserve No. 2065).
The operation of section 103A(3) of the Act is excluded in relation to lighting or kindling a fire contrary to section 104(1) of the Act or regulation 39(2) on land, defined in section 102(1) of the Act as land to which this Part applies, other than land referred to in subregulation (1), unless it is lit or kindled —
for the purpose of cooking food; or
for the purpose of a camp fire; or
for the purpose of a ceremonial activity, such as a smoking ceremony, during which activity the fire is confined to an area of less than 1 m2; or
for an Aboriginal customary purpose, other than a purpose referred to in paragraph (a), (b) or (c), with the written permission of the CEO.
The operation of section 103A(3) of the Act is excluded in relation to lighting or kindling a fire contrary to regulation 39(1)(b) if the fire is lit or kindled without the written permission of the CEO.
[Regulation 118 inserted: Gazette 7 Dec 2012 p. 5968-9.]
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