Forests (Fire Protection) (Interim) Regulations 2004

Forests (Fire Protection) (Interim) Regulations 2004

S.R. No. 6/2004

table of provisions

RegulationPage

Part 1—Preliminary

1.Objective

2.Authorising provisions

3.Revocation

4.Definitions

5.Application of regulations

Part 2—General Prohibition

Division 1—Fires in the Open Air

6.General prohibition

7.Extinguishment of fire in open air

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

Division 2—Fires in Temporary Structures

9.Fires in temporary structures

10.Extinguishment of fire in temporary structure

11.Fire in temporary structure must be extinguished at direction
of authorised officer or police

Part 3—Campfires and Barbeques

Division 1—Campfires and Barbeques in the Open Air

12.Campfires and barbeques using solid fuel

13.Campfires and barbeques using liquid or gaseous fuel

Division 2—Campfires and Barbeques in Temporary Structures

14.Campfires and barbeques using liquid or gaseous fuel in temporary structures

Part 4—Engines and Equipment

15.Stationary engines

16.Non-stationary engines

17.Welding, grinding, soldering or gas cutting equipment

Part 5—Sawmills and Commercial Operations

18.Registration of sawmills by the Secretary

19.Applications for registration of sawmills

20.Clearing of area around sawmill or commercial operation

21.Fire fighting equipment required at sawmills

22.Fire fighting equipment required at commercial operations

23.Storage and disposal of waste products and byproducts of sawmills

24.Burning of sawdust and waste material of sawmill

25.Bee farming

26.Safety fuse, fuse lighters or splitting guns

Part 6—Power of Authorised Officer to Grant Authority

27.Power of authorised officer to grant authority

Part 7—Expiry

28.Expiry of regulations

______

SCHEDULE

═══════════════

ENDNOTES

Forests (Fire Protection) (Interim) Regulations 2004

S.R. No. 6/2004

statutory rules 2004

S.R. No. 6/2004

Forests (Fire Protection) (Interim) Regulations 2004

S.R. No. 6/2004

Forests Act 1958

Forests (Fire Protection) (Interim) Regulations 2004

S.R. No. 6/2004

Forests (Fire Protection) (Interim) Regulations 2004

Forests (Fire Protection) (Interim) Regulations 2004

S.R. No. 6/2004

The Governor in Council makes the following Regulations:

Dated: 28 January 2004

Responsible Minister:

JOHN THWAITES

Minister for Environment

STEPHANIE LENN

Acting Clerk of the Executive Council

Part 1—Preliminary

1.Objective

The objective of these Regulations is to provide for the protection of State forests, national parks and protected public land from damage by fire.

2.Authorising provisions

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

3.Revocation

The Fire Protection Regulations 1992[1] are revoked.

4.Definitions

r. 4

In these Regulations—

"adequate water supply" means—

(a)a reticulated water supply; or

(b)a tank with a capacity of not less than 200 litres which is fully charged with water and capable of delivering a continuous and steady stream of water by means of a hose connected to a pump with an engine power rating of not less than 41 kilowatts;

"AS 1019–2000" means the standard published by Standards Australia entitled "AS 1019–2000 Internal combustion engines—Spark emission control devices";

"AS 1687–1991" means the standard published by Standards Australia entitled "AS 1687–1991 Knapsack spray pumps for firefighting";

"AS/NZS 1841.1:1997" means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.1:1997 Portable fire extinguishers Part 1: General requirements";

"AS/NZS 1841.5:1997" means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled "AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers";

"campfire or barbeque" means a fire lit or kindled for the purpose of preparing meals or providing personal comfort;

"Central Plan Office" means the Central Plan Office in the Department of Sustainability and Environment;

"commercial operation" means any operation connected with mining, quarrying, brick making, eucalyptus oil distilling or charcoal burning;

"liquid or gaseous fuel" includes any manufactured fuel which can be ignited;

"properly constructed fireplace" means a fireplace constructed of stone, metal, concrete or other non-flammable material in a manner which contains the perimeter of a fire;

"sawmill" includes any operation connected with the harvesting, sawmilling or other processing of timber;

"temporary structure" means—

(a)a tent or annexe to a caravan if that annexe is constructed of canvas or similar material;

(b)any other structure which is not of a permanent nature or is not fully enclosed on all sides (including the roof);

"the Act" means the Forests Act 1958.

5.Application of regulations

r. 5

Nothing in these Regulations permits the lighting, kindling, maintaining or use of a fire—

(a)in an area which is subject to a notice under section 64 of the Act prohibiting the use of a fire in the open air; or

(b)in an area which is subject to a declaration of a day of total fire ban under the Country Fire Authority Act 1958; or

(c)in an area in which fires generally or fires of that type are prohibited under the National Parks Act 1975; or

(d)in contravention of any other Act.

r. 5

______

Part 2—General Prohibition

Division 1—Fires in the Open Air

6.General prohibition

r. 6

Subject to Parts 3 and 4, a person must not light, kindle or maintain a fire in the open air in a fire protected area during the prohibited period without the written authority of an authorised officer.

Note:Under section 63(1) of the Act, a penalty of not more than 100 penalty units, imprisonment for not more than 2 years or both may apply to a contravention of this regulation if the fire is in a State forest, protected public land or national park.

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

7.Extinguishment of fire in open air

A person who has lit, kindled or maintained a fire, or who has been left in charge of a fire, in the open air in a fire protected area during the prohibited period must, before leaving the place of the fire—

(a)completely extinguish the fire; or

(b)ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire.

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

r. 8

A person who has lit, kindled or maintained a fire, or who has been left in charge of a fire, in the open air in a fire protected area during the prohibited period must extinguish the fire immediately when directed to do so by an authorised officer or member of the police force.

Division 2—Fires in Temporary Structures

9.Fires in temporary structures

Subject to Parts 3 and 4, a person must not light, kindle, maintain or usea fire in a temporary structure in a fire protected area during the prohibited period without the written authority of an authorised officer.

Penalty:50 penalty units.

10.Extinguishment of fire in temporary structure

A person who has lit, kindled, maintained or used a fire, or who has been left in charge of a fire, in a temporary structure in a fire protected area during the prohibited period must, before leaving the place of the fire—

(a)completely extinguish the fire; or

(b)ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire.

Penalty:50 penalty units.

11.Fire in temporary structure must be extinguished at direction of authorised officer or police

r. 10

A person who has lit, kindled, maintained or used a fire, or who has been left in charge of a fire, in a temporary structure in a fire protected area during the prohibited period must extinguish the fire immediately when directed to do so by an authorised officer or member of the police force.

Penalty:50 penalty units.

______

Part 3—Campfires and Barbeques

Division 1—Campfires and Barbeques in the Open Air

12.Campfires and barbeques using solid fuel

r. 12

(1)A person must not light, kindle or maintain a campfire or barbeque using solid fuel in the open air, in the fire protected area, during the prohibited period except in accordance with sub-regulation (2) or (3).

(2)Subject to sub-regulation (3), a person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using solid fuel in the open air, in the fire protected area, must ensure that—

(a)the fire is lit in a properly constructed fireplace or in a trench at least 30centimetres deep; and

(b)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

(c)the fire does not occupy an area exceeding one square metre and the dimensions of the solid fuel used are the minimum necessary for the purpose.

(3)A person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using solid fuel in the open air in the fire protected area in an area that is described in Column 1 of Part 1 of the Schedule, during the period specified in Column 2 of Part 1 of the Schedule, must ensure that—

(a)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; and

(b)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

(c)the fire does not occupy an area exceeding one square metre and the dimensions of the solid fuel used are the minimum necessary for the purpose.

13.Campfires and barbeques using liquid or gaseous fuel

r. 13

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

(2)Sub-regulation (1) does not apply to a person who, during the prohibited period, lights, kindles or maintains a campfire or barbeque using liquid or gaseous fuel in the open air in a fire protected area if—

(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; and

(c)the ground and airspace within a distance of 15 metres of the appliance are clear of flammable material.

Division 2—Campfires and Barbeques in Temporary Structures

14.Campfires and barbeques using liquid or gaseous fuel in temporary structures

r. 14

(1)A person must not light, kindle, maintain or use a campfire or barbeque using liquid or gaseous fuel in a temporary structure within a fire protected area during the prohibited period.

Penalty:50 penalty units.

(2)Sub-regulation (1) does not apply to a person who, during the prohibited period, lights, kindles, maintains or uses a campfire or barbeque using liquid or gaseous fuel in a temporary structure in a fire protected area if—

(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; and

(c)in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, the ground and airspace within a distance of 3 metres of the temporary structure is clear of flammable material.

r. 14

______

Part 4—Engines and Equipment

15.Stationary engines

r. 15

(1)A person must not, in a fire protected area during the prohibited period, use a motor driven pump, generator or other stationary engine—

(a)in the open air; or

(b)in a temporary structure; or

(c)in any circumstances where the exhaust discharges into the open air.

Penalty:50 penalty units.

(2)Sub-regulation (1) does not apply to a person who uses a motor driven pump, generator or other stationary engine if—

(a)the exhaust pipe is fitted with a spark arrester that complies with AS 1019–2000; and

(b)the space immediately around and above the engine is clear of all flammable material for a distance of at least 15 metres; and

(c)in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use—

(i)a hose connected to an adequate water supply; or

(ii)if there is no adequate water supply, at least—

(A)one knapsack spray pump with a tank capacity of not less than 9litres that is fully charged withwater, is in proper working order and that complies with AS1687–1991; or

(B)one dry chemical fire extinguisher that is in proper working order andthat complies with AS/NZS1841.1:1997 and AS/NZS 1841.5:1997.

16.Non-stationary engines

r. 16

(1)A person must not use a chain saw, vehicle or other non-stationary engine so that it is in contact with any crop, stubble, weeds, undergrowth or other vegetation in a fire protected area during the prohibited period.

Penalty:50 penalty units.

(2)Sub-regulation (1) does not apply to a person who, during the prohibited period, uses a chain saw, vehicle or other non-stationary engine that is in contact with any crop, stubble, weeds, undergrowth or other vegetation in a fire protected area if—

(a)the engine is fitted with a spark arrester which is in proper working order and which complies with AS 1019–2000; and

(b)in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use—

(i)a hose connected to an adequate water supply; or

(ii)if there is no adequate water supply, at least—

(A)one knapsack spray pump with a tank capacity of not less than 9litres that is fully charged withwater, is in proper working order and that complies with AS1687–1991; or

(B)one dry chemical fire extinguisher that is in proper working order andthat complies with AS/NZS1841.1:1997 and AS/NZS 1841.5:1997.

(3)Sub-regulation (1) does not apply to an engine that is fitted with a turbo charger or an exhaust aspirated air cleaner.

17.Welding, grinding, soldering or gas cutting equipment

r. 17

(1)A person must not, in a fire protected area during the prohibited period, use any welding, grinding, gas cutting or soldering equipment in—

(a)the open air; or

(b)in a temporary structure.

Penalty:50 penalty units.

(2)Sub-regulation (1) does not apply to a person who, during the prohibited period, uses welding, grinding, gas cutting or soldering equipment in a fire protected area if—

(a)the space immediately around and above the applianceis clear of all flammable material for a distance of at least 3 metres; and

(b)a shield or guard of fire resistant material is placed or erected to prevent the emission of sparks, hot metal or slag; and

(c)all cut-offs, electrode stubs and hot materials from the operation are placed directly in a fireproof receptacle; and

(d)in circumstances where the weather conditions in the area are such that there is a reasonable possibility of the spread of fire, there is available for immediate use—

(i)a hose connected to an adequate water supply; or

(ii)if there is no adequate water supply, at least—

(A)one knapsack spray pump with a tank capacity of not less than 9litres that is fully charged withwater, is in proper working order and that complies with AS1687–1991; or

(B)one dry chemical fire extinguisher that is in proper working order andthat complies with AS/NZS1841.1:1997 and AS/NZS 1841.5:1997.

r. 17

______

Part 5—Sawmills and Commercial Operations

18.Registration of sawmills by the Secretary

r. 18

For the purposes of section 72(1) of the Act, the register must contain the following details in respect of each registered sawmill in the fire protected area—

(a)the name of the owner;

(b)the address of the owner;

(c)the location of the sawmill;

(d)the name of the person in charge of the sawmill;

(e)the residential address of the person in charge of the sawmill;

(f)the type and location of water supply and fire fighting equipment at the site of the sawmill.

19.Applications for registration of sawmills

(1)A person who wishes to conduct milling operations at a sawmill in a fire protected area may apply to the Secretary in writing for the sawmill to be registered.

(2)For the purposes of section 72(3) of the Act, an application to register a sawmill must include the following information—

(a)the name of the owner;

(b)the address of the owner;

(c)the location of the sawmill;

(d)the name of the person in charge of the sawmill;

(e)the residential address of the person in charge of the sawmill;

(f)the type and location of water supply and fire fighting equipment at the site of the sawmill.

(3)For the purposes of section 72(3) of the Act, the prescribed fee to accompany an application to register a sawmill in a fire protected area is $20.