Forests (Fire Protection) Amendment Regulations 2010

Forests (Fire Protection) Amendment Regulations 2010

S.R. No. 57/2010

table of provisions

RegulationPage

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6General prohibition

7Extinguishment of fire in open air

8Fire in open air must be extinguished at direction of authorised officer or police

9Campfires and barbeques using solid fuel

13Campfires and barbeques using solid fuel

10Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel

14Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel

11Bee farming

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ENDNOTES

S.R. No. 57/2010

Forests (Fire Protection) Amendment Regulations 2010

statutory rules 2010

S.R. No. 57/2010

Forests (Fire Protection) Amendment Regulations 2010

Forests Act 1958

S.R. No. 57/2010

Forests (Fire Protection) Amendment Regulations 2010

Forests (Fire Protection) Amendment Regulations 2010

S.R. No. 57/2010

Forests (Fire Protection) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 30 June 2010

Responsible Minister:

GAVIN JENNINGS

Minister for Environment and Climate Change

toby halligan

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Forests (Fire Protection) Regulations 2004 to—

(a)remove the definitions of campfire or barbeque, liquid fuel, gaseous fuel or chemical solid fuel and solid fuel; and

(b)exclude the applicability of several offences relating to campfires and barbeques to any State forest, protected public land or national park; and

(c)substitute references to regulated fire area.

2Authorising provisions

These Regulations are made under sections 99 and99A of the Forests Act 1958.

3Commencement

r. 3

These Regulations come into operation on 1 July 2010.

4Principal Regulations

In these Regulations, the Forests (Fire Protection) Regulations 2004[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations, the definitions of campfire or barbeque, liquid fuel, gaseous fuel or chemical solid fuelandsolid fuel are revoked.

(2)In regulation 5 of the Principal Regulations, insert the following definition—

"regulated fire area has the same meaning as in section 66A(2) of the Act;".

6General prohibition

In the note at the foot of regulation 7 of the Principal Regulations—

(a)for "a State forest, protected public land or national park" substitute "a regulated fire area";

(b)for "notState forest, protected public land or national park" substitute "not a regulated fire area".

7Extinguishment of fire in open air

In the note at the foot of regulation 8 of the Principal Regulations—

(a)for "a State forest, protected public land or national park" substitute "a regulated fire area";

(b)for "notState forest, protected public land or national park" substitute "not a regulated fire area".

8Fire in open air must be extinguished at direction of authorised officer or police

r. 8

In the note at the foot of regulation 9 of the Principal Regulations—

(a)for "a State forest, protected public land or national park" substitute "a regulated fire area";

(b)for "notState forest, protected public land or national park" substitute "not a regulated fire area".

9Campfires and barbeques using solid fuel

For regulation 13 of the Principal Regulations substitute—

"13 Campfires and barbeques using solid fuel

(1)Subject to subregulation (2), a person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area during the prohibited period unless the fire is lit—

(a)in a properly constructed fireplace; or

(b)in a trench at least 30 centimetres deep.

(2)A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area in an area that is described in Column 1 of Part 1 of the Schedule during the corresponding period specified in Column 2 of Part1 of the Schedule unless the fire is lit, kindled or maintained in a properly constructed fireplace provided by the person or authority responsible for the management and control of that area.

(3)A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area that is not a regulated fire area during the prohibited period unless—

(a)the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and

r. 9

(b)the fire does not occupy an area exceeding one square metre; and

(c)the dimensions of the solid fuel used are the minimum necessary for the purpose.

(4)A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air in a fire protected area that is not a regulated fire area in an area that is described in Column 1 of Part 1 of the Schedule during any of the corresponding period specified in Column 2 of Part 1 of the Schedule that is not during the prohibited period unless—

(a)the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and

(b)the fire does not occupy an area exceeding one square metre; and

(c)the dimensions of the solid fuel used are the minimum necessary for the purpose.

Note

Under section 63(1) of the Act, a penalty of not more than 100penalty units, imprisonment for not more than 2 years or both may apply to a contravention of this regulation if the fire is in a regulated fire area.

Under section 63(2) of the Act, a penalty of not more than 50penalty units, imprisonment for not more than 1year or both may apply to a contravention of this regulation if the fire is in a fire protected area which is not a regulated fire area.

See sections 66B(1) and 66C of the Act for further offences relating to the lighting, kindling and maintaining of campfires and barbeques using solid fuel in the open air in a regulated fire area.".

10Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel

r. 10

For regulation 14 of the Principal Regulations substitute—

"14 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel

(1)A person must not light, kindle or maintain a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area during the prohibited period unless—

(a)the fire is contained in an appliance designed and commercially manufactured to use that fuel; and

(b)the appliance when alight is placed in a stable position.

(2)A person must not light, kindle or maintain a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area that is not a regulated fire area during the prohibited period unless the ground and airspace within a distance of 1·5 metres of the appliance are clear of flammable material.

Note

See section 66B(2) of the Act for a further offence relating to the lighting, kindling or maintenance of a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a regulated fire area.".

11Bee farming

r. 11

In the note at the foot of regulation 24 of the Principal Regulations—

(a)for "a State forest, protected public land or national park" substitute "a regulated fire area";

(b)for "notState forest, protected public land or national park" substitute "not a regulated fire area".

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S.R. No. 57/2010

Forests (Fire Protection) Amendment Regulations 2010

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 77/2004.