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This is a Bill, not an Act. For current law, see the Acts databases.


BUSH FIRES AMENDMENT BILL 2009

                       Western Australia


      Bush Fires Amendment Bill 2009

                           CONTENTS


       Part 1 -- Preliminary
1.     Short title                                                     2
2.     Commencement                                                    2
       Part 2 -- Bush Fires Act 1954
            amended
3.     Act amended                                                     3
4.     Section 9 inserted                                              3
       9.         Terms used                                      3
5.     Section 13 amended                                              3
6.     Sections 14A, 14B and 14C inserted                              4
       14A.       Powers and duties under section 13 not
                  affected by certain powers under the
                  Emergency Management Act 2005                   4
       14B.       Powers of authorised persons during
                  authorised periods                              5
       14C.       Failure to comply with directions               6
7.     Part III Division 4 replaced                                    7
       Division 4 -- Total fire ban
       21.       Terms used                                       7
       22A.      Minister may declare a total fire ban            7
       22B.      Lighting of fires prohibited during total fire
                 ban                                              8
       22C.      Power of Minister to exempt from
                 provisions of section 22B                        9
8.     Section 24C amended                                            11
9.     Section 24D amended                                            11
10.    Section 25 amended                                             11
11.    Section 32 amended                                             12
12.    Section 38 amended                                             12
13.    Section 39 amended                                             13
14.    Section 44 amended                                             13

                              073--1                                   page i
Bush Fires Amendment Bill 2009



Contents



      15.    Section 45A inserted                                     13
             45A.     Requests to authorised CALM Act officers
                      to take control of bush fires              13
      16.    Section 45 amended                                       14
      17.    Section 47 amended                                       17
      18.    Section 64 amended                                       17
      19.    Section 65 amended                                       17
             Part 3 -- Consequential amendment
      20.    Environmental Protection Act 1986 amended                18




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



           Bush Fires Amendment Bill 2009


                               A Bill for


An Act to amend the Bush Fires Act 1954 and, in consequence, to
amend the Environmental Protection Act 1986.



The Parliament of Western Australia enacts as follows:




                                                             page 1
    Bush Fires Amendment Bill 2009
    Part 1        Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Bush Fires Amendment Act 2009.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) sections 1 and 2 -- on the day on which this Act
7                   receives the Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                                  Bush Fires Amendment Bill 2009
                                      Bush Fires Act 1954 amended         Part 2

                                                                                  s. 3



 1                Part 2 -- Bush Fires Act 1954 amended
 2   3.          Act amended
 3               This Part amends the Bush Fires Act 1954.

 4   4.          Section 9 inserted
 5               At the beginning of Part II insert:
 6


 7          9.         Terms used
 8                     In this Part --
 9                     conservation land has the meaning given in
10                     section 45(1);
11                     land other than conservation land has the meaning
12                     given in section 45(1).
13


14   5.          Section 13 amended
15        (1)    In section 13(3) delete "subsection (4)," and insert:
16

17               subsection (6),
18

19        (2)    Delete section 13(4) and (5) and insert:
20

21               (4)   If a bush fire is burning in the district of a local
22                     government on land other than conservation land, the
23                     Authority may, in writing, authorise a bush fire liaison
24                     officer or another person to take control of all
25                     operations in relation to that fire --
26                       (a) at the request of the local government; or
27                       (b) if, because of the nature or extent of the bush
28                             fire, the Authority considers that it is
29                             appropriate to do so.

                                                                            page 3
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 6



 1            (5)   If a bush fire is burning on conservation land, the
 2                  Authority may, in writing, authorise a bush fire liaison
 3                  officer or another person to take control of all
 4                  operations in relation to that fire --
 5                    (a) at the request of the CALM Act CEO; or
 6                    (b) if, because of the nature or extent of the bush
 7                          fire, the Authority considers that it is
 8                          appropriate to do so.
 9            (6)   If, under subsection (4) or (5), a bush fire liaison
10                  officer or another person (an authorised person) is
11                  authorised to take control of all operations in relation to
12                  a fire, all --
13                    (a) bush fire control officers; and
14                    (b) bush fire liaison officers; and
15                    (c) authorised CALM Act officers; and
16                    (d) officers and members of a bush fire brigade,
17                  who are present at the fire are in all respects subject to,
18                  and are to act under, the authorised person's orders and
19                  directions.
20            (7)   If a person other than a bush fire liaison officer is
21                  authorised under subsection (4) or (5), the person is to
22                  be taken to be a bush fire liaison officer during the
23                  period that the authorisation has effect.
24


25   6.       Sections 14A, 14B and 14C inserted
26            After section 13 insert:
27


28          14A.    Powers and duties under section 13 not affected by
29                  certain powers under the Emergency Management
30                  Act 2005
31            (1)   This section has effect despite the Emergency
32                  Management Act 2005 section 8(1).

     page 4
                                        Bush Fires Amendment Bill 2009
                            Bush Fires Act 1954 amended         Part 2

                                                                       s. 6



 1     (2)   The exercise of powers and the performance of duties
 2           by a bush fire liaison officer or another person on being
 3           authorised to take control of all operations in relation to
 4           a bush fire under section 13(4) or (5) are not limited or
 5           otherwise affected by --
 6             (a) a hazard management agency being prescribed
 7                   in relation to fire under the Emergency
 8                   Management Act 2005; or
 9             (b) the powers that may be exercised under that
10                   Act by the hazard management agency's hazard
11                   management officers as the result of the
12                   declaration of an emergency situation under
13                   that Act.

14   14B.    Powers of authorised persons during authorised
15           periods
16     (1)   In this section --
17           affected area means the area specified in an
18           authorisation as the area affected by the relevant bush
19           fire;
20           authorisation means an authorisation to take control of
21           all operations in relation to a bush fire given by the
22           Authority under section 13(4) or (5);
23           authorised period means the period specified in an
24           authorisation as the period during which the
25           authorisation has effect;
26           authorised person means a bush fire liaison officer or
27           another person who is given an authorisation and
28           includes a person acting under an authorised person's
29           orders and directions under section 13(6);
30           relevant bush fire means the bush fire in relation to
31           which an authorisation is given.




                                                                    page 5
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 6



 1            (2)   During the authorised period, an authorised person may
 2                  do all or any of the following --
 3                    (a) direct, or by direction prohibit, the movement
 4                          of persons, animals and vehicles within, into,
 5                          out of or around the affected area or any part of
 6                          the affected area;
 7                   (b) direct the evacuation and removal of persons or
 8                          animals from the affected area or any part of
 9                          the affected area;
10                    (c) close any road, access route or area of water in
11                          or leading to the affected area.
12            (3)   During the authorised period and for the purposes of
13                  controlling or extinguishing the relevant bush fire, an
14                  authorised person may use a vehicle in any place and in
15                  any circumstance despite any provision of the Road
16                  Traffic Act 1974 that requires a permit for the use of
17                  that vehicle or for the use of that vehicle in that place
18                  or in that circumstance.
19            (4)   This section does not limit the powers of a bush fire
20                  liaison officer or another person under another
21                  provision of this Act or any other written law.

22          14C.    Failure to comply with directions
23            (1)   A person given a direction under section 14B(2) must
24                  comply with the direction.
25                  Penalty: a fine of $25 000.
26            (2)   A person must comply with a direction referred to in
27                  subsection (1) despite the provisions of any other
28                  written law, and the person does not commit an offence
29                  by reason of that compliance.
30            (3)   In proceedings for an offence under subsection (1), an
31                  authorisation given under section 13(4) or (5),
32                  including the affected area and the authorised period


     page 6
                                                 Bush Fires Amendment Bill 2009
                                     Bush Fires Act 1954 amended         Part 2

                                                                                s. 7



 1                    specified in the authorisation, may be proved by
 2                    tendering a copy of the authorisation certified by the
 3                    Authority to be a true copy of the original.
 4


 5   7.         Part III Division 4 replaced
 6              Delete Part III Division 4 and insert:
 7


 8                           Division 4 -- Total fire ban
 9        21.         Terms used
10                    In this Division --
11                    area of the State includes the whole of the State;
12                    total fire ban means a total fire ban declared under
13                    section 22A(1).

14        22A.        Minister may declare a total fire ban
15              (1)   If the Minister is of the opinion that --
16                      (a) the existing weather conditions in an area of the
17                            State are conducive to the outbreak or spread of
18                            bush fires: or
19                      (b) such weather conditions in an area of the State
20                            are imminent; or
21                      (c) it is otherwise necessary to declare a total fire
22                            ban in respect of an area of the State,
23                    the Minister may declare a total fire ban in respect of
24                    that area.
25              (2)   A declaration of a total fire ban may be made by radio
26                    broadcast, television or other electronic means or in
27                    another manner that the Minister considers appropriate.
28              (3)   The declaration of a total fire ban is to specify --
29                     (a) the period during which; and

                                                                             page 7
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 7



 1                   (b)    the area of the State in respect of which,
 2                  the total fire ban is to have effect, and the total fire ban
 3                  has effect accordingly.
 4            (4)   The Minister may amend or revoke the declaration of a
 5                  total fire ban by a declaration made in the manner in
 6                  which the declaration of the total fire ban was made.
 7            (5)   The Minister is to publish a declaration under this
 8                  section in the Gazette.
 9            (6)   A failure to comply with subsection (5) in relation to a
10                  declaration does not invalidate the declaration.

11          22B.    Lighting of fires prohibited during total fire ban
12            (1)   Subsection (2) --
13                   (a) has effect subject to subsection (4) and
14                         sections 22C and 64 and any exemption
15                         provided for in the regulations but despite any
16                         other provision of this Act; and
17                   (b) applies --
18                           (i) in the period during which; and
19                          (ii) in the area of the State in respect of
20                                  which,
21                         a total fire ban has effect.
22            (2)   A person must not --
23                   (a) light, maintain or use a fire in the open air; or
24                   (b) carry out an activity in the open air that causes,
25                         or is likely to cause, a fire.
26                  Penalty: a fine of $25 000 or imprisonment for
27                     12 months, or both.




     page 8
                                        Bush Fires Amendment Bill 2009
                            Bush Fires Act 1954 amended         Part 2

                                                                           s. 7



 1     (3)   Without limiting subsection (2), a person commits an
 2           offence under that provision if the person --
 3             (a) uses in the open air an appliance that consumes
 4                  solid fuel; or
 5             (b) carries out in the open air any process or
 6                  operation that is specified in regulations made
 7                  under section 27A(1)(a)(ii) as being a process
 8                  or operation likely to create a bush fire danger;
 9                  or
10             (c) carries out in the open air an activity that is
11                  prescribed by the regulations for the purposes
12                  of this subsection.
13     (4)   Subsection (2) --
14            (a) does not prohibit the use of a gas appliance as
15                  authorised under section 25(1aa); and
16            (b) does not apply to an activity, or in
17                  circumstances, prescribed by the regulations for
18                  the purposes of this subsection.

19   22C.    Power of Minister to exempt from provisions of
20           section 22B
21     (1)   Subsection (2) has effect if the Minister is advised in
22           writing by the Chief Executive Officer that, in the
23           opinion of the Chief Executive Officer, a person has
24           taken adequate precautions for the --
25             (a) prevention of the spread or extension; and
26             (b) control; and
27             (c) extinguishment, if necessary,
28           of any fire that is to be lit, or that may be caused by the
29           carrying out of an activity in the open air, in the period
30           during which, and in the area in respect of which, a
31           total fire ban has effect.



                                                                    page 9
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 7



 1             (2)   If this subsection has effect, the Minister may, in
 2                   respect of any such fire as is so lit or may be so caused,
 3                   exempt the person, and any person acting under that
 4                   person's instructions, either wholly or partially from
 5                   the operation of the provisions of section 22B.
 6             (3)   An exemption granted by the Minister under this
 7                   section --
 8                     (a) is to be in writing signed by the Minister; and
 9                     (b) may be revoked or varied at any time by the
10                           Minister by notice in writing signed by the
11                           Minister and served on the person to whom the
12                           exemption was granted; and
13                     (c) unless sooner revoked, has effect for the period
14                           specified in the exemption; and
15                     (d) is subject to such conditions as the Minister
16                           thinks fit to impose and specifies in the
17                           exemption; and
18                     (e) authorises the person to whom it is granted, and
19                           any person acting under that person's
20                           instructions, subject only to any conditions
21                           specified in the exemption --
22                              (i) to light, maintain or use in the open air
23                                   any fire authorised to be lit, maintained
24                                   or used under the authority of the
25                                   exemption; or
26                             (ii) to carry out in the open air any activity
27                                   authorised to be carried out under the
28                                   authority of the exemption;
29                           and
30                      (f) if paragraph (e)(i) applies -- exempts any fire
31                           to which the exemption relates from the
32                           operation of section 46.




     page 10
                                              Bush Fires Amendment Bill 2009
                                  Bush Fires Act 1954 amended         Part 2

                                                                                s. 8



 1         (4)    The Minister may at any time, by notice in writing
 2                signed by the Minister and served on the person to
 3                whom the exemption was granted, revoke or vary,
 4                whether by way of addition or substitution, any
 5                conditions specified in the exemption.
 6         (5)    A person to whom an exemption is granted under this
 7                section must observe and carry out any conditions
 8                specified in the exemption.
 9                Penalty: a fine of $25 000 or imprisonment for
10                    12 months, or both.
11


12   8.    Section 24C amended
13         In section 24C in the definition of limited burning times delete
14         " "extreme" or "very high";" and insert:
15

16         "catastrophic", "extreme", "severe" or "very high";
17


18   9.    Section 24D amended
19         In section 24D delete " "extreme" or "very high"." and insert:
20

21         "catastrophic", "extreme", "severe" or "very high".
22

23         Note: The heading to amended section 24D is to read:

24               Burning garden refuse prohibited if fire danger is very high
25               or more

26   10.   Section 25 amended
27         In section 25(1)(a) delete " "extreme" or "very high"," and
28         insert:
29

30         "catastrophic", "extreme", "severe" or "very high",
31


                                                                           page 11
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 11



 1   11.         Section 32 amended
 2         (1)   At the beginning of section 32 insert:
 3

 4               (1)   In this section --
 5                     property means personal or real property, including
 6                     Crown land, and includes the bush and fauna.
 7

 8         (2)   In section 32 delete "A person" and insert:
 9

10               (2)   A person
11


12   12.         Section 38 amended
13         (1)   In section 38(2)(d) after "person" insert:
14

15                             who is not a member of staff (as defined in the
16                             FESA Act)
17

18         (2)   In section 38(2)(e) after "appointed" (first occurrence) insert:
19

20               by a local government
21

22         (3)   In section 38(6)(h) delete " "extreme" or "very high"," and
23               insert:
24

25               "catastrophic", "extreme", "severe" or "very high",
26

27         (4)   In section 38(6)(i) delete "bush during the prohibited burning
28               times or within the defined area during a bush fire emergency
29               period." and insert:


     page 12
                                                  Bush Fires Amendment Bill 2009
                                      Bush Fires Act 1954 amended         Part 2

                                                                                  s. 13



 1

 2                     bush --
 3                       (i) during the prohibited burning times; or
 4                      (ii) during the period in which, and in the area of
 5                           the State in respect of which, a total fire ban is
 6                           declared under section 22A to have effect.
 7


 8   13.         Section 39 amended
 9               Delete section 39(2)(a).

10   14.         Section 44 amended
11         (1)   In section 44(3)(a) delete "Where" and insert:
12

13                     Subject to the provisions of sections 13(6) and 45,
14                     where
15

16         (2)   In section 44(3)(b) delete "section 45" and insert:
17

18               sections 13(6) and 45,
19


20   15.         Section 45A inserted
21               After section 44 insert:
22


23           45A.      Requests to authorised CALM Act officers to take
24                     control of bush fires
25               (1)   If --
26                       (a)   an officer or member of a bush fire brigade or a
27                             bush fire control officer (a bush fire officer)
28                             has supreme control and charge of all


                                                                             page 13
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 16



 1                             operations in relation to a bush fire under
 2                             section 44; and
 3                      (b)    an authorised CALM Act officer is present at
 4                             the fire,
 5                     the bush fire officer may request the authorised CALM
 6                     Act officer to take control of all operations in relation
 7                     to the fire.
 8               (2)   If the authorised CALM Act officer agrees to take
 9                     control of all operations in relation to the bush fire --
10                       (a) the officer --
11                                (i) must inform the Authority of having
12                                      done so; and
13                               (ii) must comply with any requirements
14                                      prescribed by the regulations for the
15                                      purposes of this subsection;
16                             and
17                       (b) subject to section 45(5) and (6), the officer has
18                             in relation to the fire the powers, authorities and
19                             control referred to in section 45(2) and (3).
20


21   16.         Section 45 amended
22         (1)   At the beginning of section 45 insert:
23

24               (1)   In this section --
25                     bush fire officer means a bush fire control officer or an
26                     officer or member of a bush fire brigade;
27                     CALM Act means the Conservation and Land
28                     Management Act 1984;
29                     conservation land means --
30                       (a) land to which the CALM Act applies, as
31                              described in section 5 of that Act; or

     page 14
                                            Bush Fires Amendment Bill 2009
                                Bush Fires Act 1954 amended         Part 2

                                                                          s. 16



 1                (b)   land prescribed by the regulations for the
 2                      purposes of this definition,
 3               but does not include any land in a fire district under the
 4               Fire Brigades Act 1942;
 5               land other than conservation land means land that is
 6               not --
 7                 (a) conservation land; or
 8                 (b) in a fire district under the Fire Brigades
 9                      Act 1942.
10   (2)   Delete section 45(a) and insert:
11

12         (2)   If --
13                 (a)   an authorised CALM Act officer is present at a
14                       bush fire burning on land; and
15                (b)    the land is --
16                          (i) conservation land; or
17                         (ii) land other than conservation land and a
18                               bush fire officer does not have control
19                               of all operations in relation to the fire,
20               the powers and authorities conferred by this Act on a
21               bush fire officer are exercisable by the authorised
22               CALM Act officer.
23

24   (3)   In section 45(b) delete "(b) Where an authorised CALM Act
25         officer is present at the fire" and insert:
26

27         (3)   If an authorised CALM Act officer is present at a bush
28               fire and is exercising powers and authorities under
29               subsection (2),
30




                                                                       page 15
     Bush Fires Amendment Bill 2009
     Part 2        Bush Fires Act 1954 amended

     s. 16



 1      (4)    At the end of section 45 insert:
 2

 3             (4)    Subsection (2) ceases to have effect in respect of a
 4                    bush fire burning on conservation land if --
 5                      (a) the authorised CALM Act officer requests a
 6                            bush fire officer present at the fire to take
 7                            control of all operations in relation to the fire;
 8                            and
 9                     (b) the bush fire officer agrees to do so.
10             (5)    Subsection (2) ceases to have effect in respect of a
11                    bush fire burning on land other than conservation land
12                    if a bush fire officer is present at the fire and takes
13                    control of all operations in relation to the fire.
14             (6)    Subsection (2) ceases to have effect in respect of a
15                    bush fire burning on conservation land or land other
16                    than conservation land if a bush fire liaison officer or
17                    another person is authorised to take control of all
18                    operations in relation to the fire under section 13(4)
19                    or (5).
20             (7)    A bush fire officer who takes control of all operations
21                    in relation to a bush fire under subsection (4) or (5) --
22                      (a) must inform the Authority of having done so;
23                             and
24                      (b) must comply with any requirements prescribed
25                             by the regulations for the purposes of this
26                             subsection.
27

28             Note: The heading to amended section 45 is to read:

29                   Powers and authorities exercisable by authorised CALM Act
30                   officers




     page 16
                                            Bush Fires Amendment Bill 2009
                                Bush Fires Act 1954 amended         Part 2

                                                                        s. 17



 1   17.   Section 47 amended
 2         In section 47 delete "section 39(2)(a) and to the provisions of
 3         section 45," and insert:
 4

 5         sections 13(6) and 45,
 6


 7   18.   Section 64 amended
 8         In section 64 delete "section 21(2)," and insert:
 9

10         section 22B(2),
11


12   19.   Section 65 amended
13         After section 65(4)(a) insert:
14

15               (ba)    that a total fire ban declared under
16                       section 22A(1) had effect during a stated period
17                       and in respect of a stated area of the State; or
18




                                                                     page 17
     Bush Fires Amendment Bill 2009
     Part 3        Consequential amendment

     s. 20



 1                  Part 3 -- Consequential amendment
 2   20.         Environmental Protection Act 1986 amended
 3         (1)   This section amends the Environmental Protection Act 1986.
 4         (2)   In Schedule 6 clause 10:
 5                 (a) in paragraph (c) delete "permission granted under
 6                      section 21(2);" and insert:
 7

 8                      an exemption granted under section 22C; or
 9

10                (b)   after each of paragraphs (a) and (b) insert:
11

12                      or
13


14




 


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