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Version No. 004 Forests (Fire Protection) Regulations 2004 S.R. No. 77/2004 Version incorporating amendments as at 13 March 2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Definitions 1 6 Application of regulations 3 PART 2—GENERAL PROHIBITION 5 Division 1—Fires in the open air 5 7 General prohibition 5 8 Extinguishment of fire in open air 5 9 Fire in open air must be extinguished at direction of authorised officer or police 6 Division 2—Fires in temporary structures 6 10 Fires in temporary structures 6 11 Extinguishment of fire in temporary structure 6 12 Fire in temporary structure must be extinguished at direction of authorised officer or police 7 PART 3—CAMPFIRES AND BARBEQUES 8 1

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Page 1: Forests (Fire Protection) Regulations 2004FILE/04-77sr004.docx  · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01

Version No. 004

Forests (Fire Protection) Regulations 2004S.R. No. 77/2004

Version incorporating amendments as at13 March 2013

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provisions 13 Commencement 14 Revocation 15 Definitions 16 Application of regulations 3

PART 2—GENERAL PROHIBITION 5

Division 1—Fires in the open air 5

7 General prohibition 58 Extinguishment of fire in open air 59 Fire in open air must be extinguished at direction of authorised

officer or police 6

Division 2—Fires in temporary structures 6

10 Fires in temporary structures 611 Extinguishment of fire in temporary structure 612 Fire in temporary structure must be extinguished at direction of

authorised officer or police 7

PART 3—CAMPFIRES AND BARBEQUES 8

Division 1—Campfires and barbeques in the open air 8

13 Campfires and barbeques using solid fuel 814 Campfires and barbeques using liquid fuel, gaseous fuel or

chemical solid fuel 9

Division 2—Campfires and barbeques in temporary structures 10

15 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel in temporary structures 10

1

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PART 4—ENGINES AND EQUIPMENT 12

16 Stationary engines 1217 Non-stationary engines 1318 Welding, grinding, soldering or gas cutting equipment 14

PART 5—SAWMILLS AND COMMERCIAL OPERATIONS 16

19 Clearing of area around sawmill or commercial operation 1620 Fire fighting equipment required at sawmills 1621 Fire fighting equipment required at commercial operations 1722 Storage and disposal of waste products and by-products of

sawmills 1823 Burning of sawdust and waste material of sawmill 1924 Bee farming 1925 Safety fuse, fuse lighters or splitting guns 20

PART 6—POWER OF AUTHORISED OFFICER TO GRANT AUTHORITY 22

26 Power of authorised officer to grant authority 22__________________

SCHEDULE 23

═══════════════

ENDNOTES 26

1. General Information 26

2. Table of Amendments 27

3. Explanatory Details 28

2

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Version No. 004

Forests (Fire Protection) Regulations 2004S.R. No. 77/2004

Version incorporating amendments as at13 March 2013

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 Commencement

These Regulations come into operation on 29 June 2004.

4 Revocation

The Forests (Fire Protection) (Interim) Regulations 20041 are revoked.

5 Definitions

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 37 kilowatts;

1

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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";

* * * * *

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;

* * * * *

2

Reg. 5 def. of campfire or barbeque revoked by S.R. No. 57/2010 reg. 5(1).

r. 5

Reg. 5 def. of liquid fuel, gaseous fuel or chemical solid fuel revoked by S.R. No. 57/2010 reg. 5(1).

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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;

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

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; or

(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.

6 Application of regulations

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

3

Reg. 5 def. of regulated fire area inserted by S.R. No. 57/2010 reg. 5(2).

Reg. 5 def. of solid fuel revoked by S.R. No. 57/2010 reg. 5(1).

r. 6

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(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.

__________________

4

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PART 2—GENERAL PROHIBITION

Division 1—Fires in the open air

7 General prohibition

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 regulated fire area.

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 a regulated fire area.

8 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.

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 regulated fire area.

r. 7

Note to reg. 7 amended by S.R. No. 57/2010 reg. 6.

Note to reg. 8 amended by S.R. No. 57/2010 reg. 7.

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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 a regulated fire area.

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

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 a member of the police force.

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 regulated fire area.

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 a regulated fire area.

Division 2—Fires in temporary structures

10 Fires in temporary structures

Subject to Parts 3 and 4, a person must not light, kindle, maintain or use a 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.

11 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—

r. 9

Note to reg. 9 amended by S.R. No. 57/2010 reg. 8.

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(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.

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

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 a member of the police force.

Penalty:50 penalty units.

__________________

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PART 3—CAMPFIRES AND BARBEQUES

Division 1—Campfires and barbeques in the open air

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 Part 1 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

(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.

Reg. 13 substituted by S.R. No. 57/2010 reg. 9.

r. 13Part 2—General Prohibition

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(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 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 regulated fire area.

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 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.

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—

Reg. 14 substituted by S.R. No. 57/2010 reg. 10.

r. 14Part 2—General Prohibition

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(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

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 regulated fire area.

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 a regulated fire area.

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.

Division 2—Campfires and barbeques in temporary structures

15 Campfires and barbeques using liquid fuel, gaseous fuel or chemical solid fuel in temporary structures

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

Penalty:50 penalty units.

r. 15Part 2—General Prohibition

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(2) Subregulation (1) does not apply to a person who, during the prohibited period, lights, kindles, maintains or uses a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid 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.

__________________

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PART 4—ENGINES AND EQUIPMENT

16 Stationary engines

(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) Subregulation (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 arrestor which is in proper working order and which 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 15 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 9 litres that is fully charged with water, is in proper working order

r. 16Part 2—General Prohibition

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and that complies with AS 1687–1991; or

(B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997.

17 Non-stationary engines

(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) Subregulation (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—

(i) a spark arrestor which is in proper working order and which complies with AS 1019–2000; or

(ii) a turbo charger or an exhaust aspirated air cleaner; 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

r. 17Part 2—General Prohibition

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

(A) one knapsack spray pump with a tank capacity of not less than 9 litres that is fully charged with water, is in proper working order and that complies with AS 1687–1991; or

(B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997.

18 Welding, grinding, soldering or gas cutting equipment

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

(a) in the open air; or

(b) in a temporary structure.

Penalty:50 penalty units.

(2) Subregulation (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 appliance is 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

r. 18Part 2—General Prohibition

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(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 9 litres that is fully charged with water, is in proper working order and that complies with AS 1687–1991; or

(B) one dry chemical fire extinguisher that is in proper working order and that complies with AS/NZS 1841.1:1997 and AS/NZS 1841.5:1997.

__________________

r. 18Part 2—General Prohibition

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PART 5—SAWMILLS AND COMMERCIAL OPERATIONS

19 Clearing of area around sawmill or commercial operation

(1) A person in charge of a sawmill or commercial operation in a fire protected area must ensure that the outer perimeter of—

(a) any part of the sawmill or commercial operation; or

(b) any log dump, timber stack, timber product, waste burner, pit, winch, kiln, quarry, distillery, retort or other structure associated with the commercial operation—

is maintained clear of all flammable materials at all times to a distance specified by an authorised officer in a notice issued under subregulation (2).

Penalty:50 penalty units.

(2) An authorised officer, may by notice in writing to a person in charge of a sawmill or commercial operation, specify a distance not exceeding 40 metres to be cleared of flammable material in respect of that sawmill or commercial operation.

20 Fire fighting equipment required at sawmills

(1) A person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) is provided at the sawmill at the places specified by the authorised officer in the notice.

Penalty:50 penalty units.

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(2) A person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) is available for immediate use at all times.

Penalty:50 penalty units.

(3) A person in charge of a sawmill in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) are maintained in proper working order at all times.

Penalty:50 penalty units.

(4) An authorised officer may, by notice in writing issued to the person in charge of a sawmill, specify—

(a) the fire fighting apparatus, water supplies and equipment required to be provided at the sawmill; and

(b) the places within the sawmill at which that apparatus and equipment must be stored.

21 Fire fighting equipment required at commercial operations

(1) A person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) is provided at the commercial operation at the places specified by the authorised officer in the notice.

Penalty:50 penalty units.

r. 21Part 2—General Prohibition

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(2) A person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) is available for immediate use at all times.

Penalty:50 penalty units.

(3) The person in charge of a commercial operation in a fire protected area must ensure that all fire fighting apparatus, water supplies and equipment specified by an authorised officer in a notice issued under subregulation (4) is maintained in proper working order at all times.

Penalty:50 penalty units.

(4) An authorised officer may, by notice in writing issued to the person in charge of a commercial operation, specify—

(a) the fire fighting apparatus, water supplies and equipment required to be provided at the commercial operation; and

(b) the places within the commercial operation at which that apparatus and equipment must be stored.

22 Storage and disposal of waste products and by-products of sawmills

(1) A person in charge of a sawmill in a fire protected area must ensure that all waste or by-products from the sawmill are stored and disposed of in the manner specified by an authorised officer in a notice issued under subregulation (2).

Penalty:50 penalty units.

(2) An authorised officer may, by notice in writing issued to a person in charge of a sawmill, specify the methods for the storage and disposal of waste and by-products of the commercial operation.

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23 Burning of sawdust and waste material of sawmill

(1) A person in charge of a sawmill in a fire protected area must not light, kindle, maintain or use a fire, or cause or permit a fire to be lit, kindled, maintained or used in the open air for the purpose of burning sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree.

Penalty:50 penalty units.

(2) Subregulation (1) does not apply to a person who lights, kindles, maintains or uses a fire or causes or permits a fire to be lit, kindled, maintained or used in the open air for the purpose of burning sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree, if the fire is effectively contained in a pit or structure which complies with the dimensions and specifications specified by an authorised officer in a notice issued under subregulation (3).

(3) An authorised officer may, by a notice in writing issued to a person in charge of a sawmill, specify the dimensions and specifications of any pit or structure used to burn sawdust, edgings, off-cuts, hearts, bark or any timber or part of a tree.

24 Bee farming

(1) A person in charge of any bee farming operation in a fire protected area must not light, kindle, maintain or use a fire in the open air for the purpose of extracting honey or relocating bees.

(2) Subregulation (1) does not apply to a person who lights, kindles, maintains or uses a fire in the open air in a fire protected area for the purpose of extracting honey or relocating bees if—

r. 23Part 2—General Prohibition

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(a) the person uses a smoker which is placed on an area of ground which is clear of all flammable material for a distance of 15 metres; and

(b) the smoker is placed in a fireproof receptacle when not in use; 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 at least—

(i) one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with AS 1687–1991; and

(ii) one rakehoe or similar implement capable of removing grass, shrubs, vegetation and other flammable material from the area of the fire.

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 regulated fire area.

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 a regulated fire area.

25 Safety fuse, fuse lighters or splitting guns

(1) A person must not use a safety fuse, fuse lighter or splitting gun in a fire protected area during the months of November, December, January, February, March or April at any time other than between sunrise and 9.30 a.m.

Note to reg. 24 amended by S.R. No. 57/2010 reg. 11.

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(2) Subregulation (1) does not apply to a person who, during the months of November, December, January, February, March or April, uses a safety fuse, fuse lighter or splitting gun in a fire protected area at a time other than between sunrise and 9.30 a.m. in accordance with an authority issued by an authorised officer under regulation 26.

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PART 6—POWER OF AUTHORISED OFFICER TO GRANT AUTHORITY

26 Power of authorised officer to grant authority

(1) An authorised officer may authorise a person—

(a) to light, kindle, maintain or use a fire in a fire protected area;

(b) to carry out any other activity which would otherwise contravene these Regulations.

(2) An authority under subregulation (1)—

(a) must be in writing; and

(b) is valid for the period specified by the authorised officer in the authority.

(3) An authorised officer may specify in an authority under subregulation (1) any reasonable conditions—

(a) that are determined by the Secretary; or

(b) that the authorised officer considers are necessary for the prevention and suppression of fire.

(4) An authorised officer may—

(a) vary an authority; or

(b) vary the conditions of an authority; or

(c) revoke the conditions of an authority; or

(d) revoke an authority.

(5) A variation or revocation under subregulation (4) must be in writing.

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SCHEDULE

PART 1

Description of areas Period of restriction

All the reserved forest in the Parish of Kimbolton being the land delineated and shown as reserved forest on Parish Plan No. 2879 lodged in the Central Plan Office.

The period commencing on 15 November in each year and ending on 30 April in the following year.

All the reserved forest in section 13, Parish of Lyell, in the City of Greater Bendigo, being the land delineated and shown as reserved forest in section 13 on Parish Plan No. 3023 lodged in the Central Plan Office.

The period commencing on 15 November in each year and ending on 30 April in the following year.

All State forest which is—(a) in the Alpine Shire in the Parish of

Bright and bounded on the north and east by the Ovens River, in the west by Hawthorn Lane and in the south by Mountbatten Avenue, Delaney Avenue, and that section of the Harrietville Road between the eastern end of Delaney Avenue and the Ovens River at Germantown Bridge; and

(b) in the Alpine Shire in the Parish of Porepunkah and—(i) bounded by the Ovens River in the

South, Roberts Creek in the west and the Everton to Bright railway line in the north and east; and

(ii) bounded by the Ovens River in the south, the western boundary of allotment 3 of section 1A and the eastern boundary of Cavedons Lane of section F2 in the west, by the Ovens Highway in the north and in the east by a line due south via the south-west boundary of allotment 9 of section 1A to the Ovens River; and

The period commencing on 15 November in each year and ending on 30 April in the following year.

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Description of areas Period of restriction

(c) in the Alpine Shire in the Parish of Wandiligong and bounded by the Ovens River in the north, the Buckland River in the east for 240 metres upstream from its junction with the Ovens River then via the north and west boundaries of allotment 2B of section VII and the south and west boundaries of allotment 6D of section VII along the east and north boundaries of allotment 6A, along the east boundary of allotment 6 to the Ovens River.

All lands of the Crown in the Shires of Murrindindi and Mansfield, being part of the fire protected area within 400 metres of the edge of the water on the southern shore of the big Eildon reservoir extending from the Eildon Dam on the west to the Goulburn River on the east.

The period commencing on 15 November in each year and ending on 30 April in the following year.

All State forest within those parts of the Parishes of Toombullup and Toombullup North shown hatched on the plan in Part 2 of this Schedule.

The period commencing on 1 November in each year and ending on 31 May in the following year.

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PART 2

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ENDNOTES

1. General InformationThe Forests (Fire Protection) Regulations 2004, S.R. No. 77/2004 were made on 29 June 2004 by the Governor in Council under sections 99 and 99A of the Forests Act 1958, No. 6254/1958 and came into operation on 29 June 2004: regulation 3.

The Forests (Fire Protection) Regulations 2004 will sunset 10 years after the day of making on 29 June 2014 (see section 5 of the Subordinate Legislation Act 1994).

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2. Table of AmendmentsThis Version incorporates amendments made to the Forests (Fire Protection) Regulations 2004 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Forests (Fire Protection) Amendment Regulations 2010, S.R. No. 57/2010Date of Making: 30.6.10Date of Commencement: 1.7.10: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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3. Explanatory Details

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1 Reg. 4: S.R. No. 6/2004.

——Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 16 (2)(a)

AS 1019–2000 Internal Combustion Engines—Spark emission control devices published by Standards Australia

Whole document

Regulation 16 (2)(c)(ii)(A)

AS 1687–1991 Knapsack spray pumps for firefighting published by Standards Australia

Whole document

Regulation 16 (2)(c)(ii)(B)

AS/NZS 1841.1:1997 Portable Fire Extinguishers Part 1: General requirements published jointly by Standards Australia and the Standards Council of New Zealand

AS/NZS 1841.5:1997 Portable Fire Extinguishers Part 5: Specific requirements for powder type extinguishers published jointly by Standards Australia and the Standards Council of New Zealand

Whole document

Whole document

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Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 17 (2)(a)(i)

AS 1019–2000 Internal Combustion Engines—Spark emission control devices published by Standards Australia

Whole document

Regulation 17 (2)(b)(ii)(A)

AS 1687–1991 Knapsack spray pumps for firefighting published by Standards Australia

Whole document

Regulation 17 (2)(b)(ii)(B)

AS/NZS 1841.1:1997 Portable Fire Extinguishers Part 1: General requirements published jointly by Standards Australia and the Standards Council of New Zealand

AS/NZS 1841.5:1997 Portable Fire Extinguishers Part 5: Specific requirements for powder type extinguishers published jointly by Standards Australia and the Standards Council of New Zealand

Whole document

Whole document

Regulation 18 (2)(d)(ii)(A)

AS 1687–1991 Knapsack spray pumps for firefighting published by Standards Australia

Whole document

Regulation 18 (2)(d)(ii)(B)

AS/NZS 1841.1:1997 Portable Fire Extinguishers Part 1: General requirements published jointly by Standards Australia and the Standards Council of New Zealand

AS/NZS 1841.5:1997 Portable Fire Extinguishers Part 5: Specific requirements for powder type extinguishers published jointly by Standards Australia and the Standards Council of New Zealand

Whole document

Whole document

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 24 (2)(c)(i)

AS 1687–1991 Knapsack spray pumps for firefighting published by Standards Australia

Whole document