Western Australia: Bush Fires Act 1954 (WA)

Western Australia Bush Fires Act 1954 Western Australia Bush Fires Act 1954 Contents Part I — Preliminary 1. Short title 1 3. Commencement 1 4. Saving provisions 1 7. Terms used 1 Part II — Administration 9. Terms used 1 10. Powers of FES Commissioner 1 12. Bush fire liaison officers 1 13. Duties and powers of bush fire liaison officers 1 14A. Powers and duties under section 13 not affected by certain powers under Emergency Management Act 2005 1 14B. Powers of authorised persons and police officers during authorised periods 1 14C. Failure to comply with directions 1 14. Certain persons may enter land or building for purposes of Act 1 Part III — Prevention of bush fires Division 2 — Prohibited burning times 17. Prohibited burning times may be declared by Minister 1 Division 3 — Restricted burning times 18. Restricted burning times may be declared by FES Commissioner 1 20. Regulations as to restricted burning times 1 Division 4 — Total fire ban 21. Terms used 1 22A. Minister may declare total fire ban 1 22B. Lighting of fires prohibited during total fire ban 1 22C. Power of Minister to exempt from provisions of section 22B 1 Division 5 — Burning during prohibited times and restricted times 22. Burning on exempt land and land adjoining exempt land 1 23. Burning during prohibited burning times 1 24. Bush on land growing subterranean clover may be burnt during prohibited burning times 1 24A. Bush on land in prescribed irrigation areas may be burnt during prohibited times for purpose of germinating clover 1 24B. Production of permit to burn may be required 1 24C. Terms used 1 24D. Burning garden refuse prohibited if fire danger high to catastrophic 1 24E. Burning of garden refuse at rubbish tips 1 24F. Burning garden refuse during limited burning times 1 24G. Minister or local government may further restrict burning of garden refuse 1 25. No fire to be lit in open air unless certain precautions taken 1 25A. Power of Minister to exempt from provisions of section 25 1 26. Burning of plants to eradicate disease during prohibited burning times 1 26A. Burning of declared plants during prohibited burning times 1 Division 6 — General restrictions, prohibitions and offences 27. Prohibition on use of tractors or engines except under certain conditions 1 27A. Regulation of blasting and matters likely to create bush fire danger 1 27B. False alarms 1 27C. Vandalism 1 27D. Requirements for carriage and deposit of incendiary material 1 28. Occupier of land to extinguish bush fire occurring on own land 1 30. Disposal of burning cigarettes etc. 1 32. Offences of lighting or attempting to light fire likely to injure 1 33. Local government may require occupier of land to plough or clear fire‑break 1 34. Burning on Crown lands 1 35. Powers of FES Commissioner on default by local government 1 Division 7 — Bush fire risk treatment standards 35AA. FES Commissioner may make bush fire risk treatment standards 1 35AB. Compliance with bush fire risk treatment standards 1 Part IV — Control and extinguishment of bush fires Division 1 — Local governments 35A. Terms used 1 36. Local government may expend moneys in connection with control and extinguishment of bush fires 1 38. Local government may appoint bush fire control officer 1 38A. FES Commissioner may designate person employed in Department as Chief Bush Fire Control Officer 1 39. Special powers of bush fire control officers 1 39A. Duties of bush fire authorities on outbreak of fire 1 40. Local governments may join in appointing and employing bush fire control officers 1 Division 2 — Bush fire brigades 41. Bush fire brigades 1 42. Local governments may join in establishing bush fire brigade 1 42A. Constitution of bush fire brigade 1 43. Election and duties of officers of bush fire brigades 1 44. Powers and authorities of officers of bush fire brigade 1 45A. Requests to authorised CALM Act officers to take control of bush fires 1 45. Powers and authorities exercisable by authorised CALM Act officers 1 46. Bush fire control officer or forest officer may postpone lighting fire 1 47. Fire‑break not to be lit when bush fire burning 1 Part V — Miscellaneous 48. Delegation by local governments 1 50. Records to be maintained by local governments 1 51. Saving of remedies 1 52. Approved area may be declared 1 53. Reduction in insurance premium of crops in approved area 1 54. Approved area may be cancelled 1 56. Duties of police officers, bush fire control officers etc. 1 57. Obstructing officers 1 58. General penalty and recovery of expenses incurred 1 59. Prosecution of offences 1 59A. Alternative procedure — infringement notices 1 60. Assisting to commit an offence 1 61. Regulations 1 62. Local government may make local laws 1 62A. Governor may amend or repeal local laws 1 64. Prohibitions excluded by certain circumstances 1 65. Proof of certain matters 1 66. Proof of ownership or occupancy 1 67. Advisory committees 1 68. Regional advisory committees 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Bush Fires Act 1954 An Act to make better provision for diminishing the dangers resulting from bush fires, for the prevention, control and extinguishment of bush fires, for the repeal of the Bush Fires Act 1937 1 and for other purposes. Part I — Preliminary [Heading inserted: No. 19 of 2010 s. 43(3)(a).] 1. Short title This Act may be cited as the Bush Fires Act 1954. [2. Deleted: No. 8 of 1987 s. 3.] [Heading deleted: No. 19 of 2010 s. 43(3)(b).] 3. Commencement This Act shall come into operation on a date to be fixed by proclamation. 4. Saving provisions (1) This Act does not affect the provisions of the Fire Brigades Act 1942, or of the Conservation and Land Management Act 1984. (2) This Act is to be construed so as not to limit or restrict in any way the effect and operation of the provisions of either of those Acts. [Section 4 amended: No. 38 of 2002 s. 16; No. 19 of 2010 s. 52(4).] [5. Omitted under the Reprints Act 1984 s. 7(4)(f).] [6. Deleted: No. 38 of 2002 s. 17.] 7. Terms used (1) In this Act unless the context otherwise indicates or requires — adjoining, when used with respect to 2 or more pieces of land, extends to pieces of land which are separated only by a road or roads or by a railway or by a watercourse; authorised CALM Act officer means — (a) a wildlife officer who is authorised for the purposes of the Conservation and Land Management Act 1984 section 45(4)(b); or (b) a forest officer, ranger or conservation and land management officer who is authorised for the purposes of the Conservation and Land Management Act 1984 section 45(5A)(b); bush includes trees, bushes, plants, stubble, scrub, and undergrowth of all kinds whatsoever whether alive or dead and whether standing or not standing and also a part of a tree, bush, plant, or undergrowth, and whether severed therefrom or not so severed. The term does not include sawdust, and other waste timber resulting from the sawmilling of timber in a sawmill whilst the sawdust and other waste timber remains upon the premises of the sawmill in which the sawmilling is carried on; bush fire brigade means a bush fire brigade for the time being registered in a register kept pursuant to section 41; CALM Act CEO has the meaning given to CEO by section 3 of the Conservation and Land Management Act 1984; CALM Act Department has the meaning given to Department by section 3 of the Conservation and Land Management Act 1984; Department has the meaning given in the FES Act section 3; employed in the Department means employed or engaged in the Department in accordance with the FES Act section 20(1); FES Act means the Fire and Emergency Services Act 1998; FES Commissioner has the meaning given in the FES Act section 3; forest land means State forest and timber reserves within the meaning of the Conservation and Land Management Act 1984 and any land to which section 131 of that Act applies; occupier of land means, subject to subsection (2), a person residing on the land or having charge or control of it, whether the person is the owner or tenant or a bailiff, servant, caretaker, or other person residing or having charge or control of the land and includes a person who as mortgagee in possession has possession of the land, while the land is unoccupied, and also a person who has the charge or control of 2 or more separate parcels of land, although the person resides on only one of the parcels; prohibited burning times means the times of the year during which it is declared by the Minister under section 17 to be unlawful to set fire to the bush within a zone of the State and, in relation to any land in such a zone — (a) includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but (b) does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated or in respect of that land in particular; restricted burning times means the times of the year during which it is declared by the FES Commissioner under section 18 to be unlawful to set fire to the bush within a zone of the State except in accordance with a permit obtained under that section and with the conditions prescribed for the purposes of that section and, in relation to land in such a zone — (a) includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but (b) does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of that part of that zone, or the district or part of a district, in which that land is situated. (2) Subject to section 33(9), a reference in this Act to an owner or occupier of land does not include a reference to a department of the Public Service that occupies land or a State agency or instrumentality that owns or occupies land. [Section 7 amended: No. 11 of 1963 s. 3; No. 65 of 1977 s. 4; No. 112 of 1984 s. 22; No. 60 of 1992 s. 4; No. 14 of 1996 s. 4; No. 42 of 1998 s. 4 and 16; No. 38 of 2002 s. 18; No. 70 of 2003 s. 6; No. 28 of 2006 s. 387; No. 22 of 2012 s. 46 and 69; No. 24 of 2016 s. 312.] Part II — Administration [Division 1 heading deleted: No. 42 of 1998 s. 5.] [8. Deleted: No. 42 of 1998 s. 6.] 9. Terms used In this Part — conservation land has the meaning given in section 45(1); land other than conservation land has the meaning given in section 45(1). [Section 9 inserted: No. 25 of 2009 s. 4.] [Division 2 heading deleted: No. 42 of 1998 s. 7.] 10. Powers of FES Commissioner (1) The FES Commissioner shall — (a) report to the Minister as often as the FES Commissioner thinks expedient so to do on the best means to be taken for preventing or extinguishing bush fires; (b) perform and undertake such powers and duties as may be entrusted to the FES Commissioner by the Minister; (c) subject to the general control of and direction by the Minister, be responsible for the administration of this Act; (d) recommend to the Minister the prohibited burning times to be declared for the whole or any part of the State; (e) carry out such fire prevention measures as the FES Commissioner considers necessary; (f) carry out research in connection with fire prevention and control and matters pertaining to fire prevention and control; (g) conduct publicity campaigns for the purpose of improving fire prevention measures. (2) The FES Commissioner may — [(a) deleted] (b) organise and conduct bush fire brigade demonstrations and competitions and provide prizes and certificates for presentation to bush fire brigades and competitors; (c) pay the expenses of bush fire brigades attending bush fire brigade demonstrations. [Section 10 amended: No. 65 of 1977 s. 7; No. 42 of 1998 s. 8 and 16; No. 22 of 2012 s. 47 and 69.] [11, 11A. Deleted: No. 42 of 1998 s. 9.] 12. Bush fire liaison officers (1) In this section — departmental officer means a person employed in the Department; designation means a designation under subsection (2). (2) The FES Commissioner may designate a departmental officer to be a bush fire liaison officer. (3) There are to be as many bush fire liaison officers as are necessary to perform the functions conferred on bush fire liaison officers by this Act or any other written law. (4) A person ceases to be a bush fire liaison officer if the designation of the person is revoked or ceases to have effect. (5) The power to make a designation includes — (a) the power to revoke a designation previously made; and (b) the power to designate a person to perform functions of another person who has that designation when it is impractical for that other person to perform the functions. (6) A designation ceases to have effect if the person designated ceases to be a departmental officer. (7) These are to be in writing — (a) a designation; (b) a revocation of a designation. [Section 12 inserted: No. 22 of 2012 s. 48.] 13. Duties and powers of bush fire liaison officers (1) A bush fire liaison officer shall exercise such powers and perform such duties as the FES Commissioner may direct and may, in addition, exercise all the powers that may be exercised by a bush fire control officer under this Act. (2) A bush fire liaison officer shall exercise his powers and perform his duties — (a) subject to such directions as may be given by the FES Commissioner; (b) in such part or parts of the State as the FES Commissioner may direct. (3) Subject to subsection (6), in the exercise or performance of any of the powers or duties conferred or imposed on a bush fire liaison officer he shall co‑operate with, and act in an advisory capacity to a bush fire control officer. (4) If a bush fire is burning in the district of a local government on land other than conservation land, the FES Commissioner may, in writing, authorise a bush fire liaison officer or another person to take control of all operations in relation to that fire — (a) at the request of the local government; or (b) if, because of the nature or extent of the bush fire, the FES Commissioner considers that it is appropriate to do so. (5) If a bush fire is burning on conservation land, the FES Commissioner may, in writing, authorise a bush fire liaison officer or another person to take control of all operations in relation to that fire — (a) at the request of the CALM Act CEO; or (b) if, because of the nature or extent of the bush fire, the FES Commissioner considers that it is appropriate to do so. (6) If, under subsection (4) or (5), a bush fire liaison officer or another person (an authorised person) is authorised to take control of all operations in relation to a fire, all — (a) bush fire control officers; and (b) bush fire liaison officers; and (c) authorised CALM Act officers; and (d) officers and members of a bush fire brigade, who are present at the fire are in all respects subject to, and are to act under, the authorised person's orders and directions. (7) If a person other than a bush fire liaison officer is authorised under subsection (4) or (5), the person is to be taken to be a bush fire liaison officer during the period that the authorisation has effect. [Section 13 inserted: No. 65 of 1977 s. 10; amended: No. 42 of 1998 s. 16; No. 38 of 2002 s. 19; No. 25 of 2009 s. 5; No. 22 of 2012 s. 69.] 14A. Powers and duties under section 13 not affected by certain powers under Emergency Management Act 2005 (1) This section has effect despite the Emergency Management Act 2005 section 8(1). (2) The exercise of powers and the performance of duties by a bush fire liaison officer or another person on being authorised to take control of all operations in relation to a bush fire under section 13(4) or (5) are not limited or otherwise affected by — (a) a hazard management agency being prescribed in relation to fire under the Emergency Management Act 2005; or (b) the powers that may be exercised under that Act by the hazard management agency's hazard management officers as the result of the declaration of an emergency situation under that Act. [Section 14A inserted: No. 25 of 2009 s. 6.] 14B. Powers of authorised persons and police officers during authorised periods (1) In this section — affected area means the area specified in an authorisation as the area affected by the relevant bush fire; authorisation means an authorisation to take control of all operations in relation to a bush fire given by the FES Commissioner under section 13(4) or (5); authorised period means the period specified in an authorisation as the period during which the authorisation has effect; authorised person means a bush fire liaison officer or another person who is given an authorisation and includes a person acting under an authorised person's orders and directions under section 13(6); relevant bush fire means the bush fire in relation to which an authorisation is given. (2) During the authorised period, an authorised person or a member of the Police Force may do all or any of the following — (a) direct, or by direction prohibit, the movement of persons, animals and vehicles within, into, out of or around the affected area or any part of the affected area; (b) direct the evacuation and removal of persons or animals from the affected area or any part of the affected area; (c) close any road, access route or area of water in or leading to the affected area. (3) During the authorised period and for the purposes of controlling or extinguishing the relevant bush fire, an authorised person may use a vehicle in any place and in any circumstance despite any provision of the Road Traffic (Vehicles) Act 2012 that requires a permit for the use of that vehicle or for the use of that vehicle in that place or in that circumstance. (4) This section does not limit the powers of a bush fire liaison officer, a member of the Police Force or another person under another provision of this Act or any other written law. [Section 14B inserted: No. 25 of 2009 s. 6; amended: No. 22 of 2012 s. 49 and 69; No. 8 of 2012 s. 47.] 14C. Failure to comply with directions (1) A person given a direction under section 14B(2) must comply with the direction. Penalty: a fine of $25 000. (2) A person must comply with a direction referred to in subsection (1) despite the provisions of any other written law, and the person does not commit an offence by reason of that compliance. (3) In proceedings for an offence under subsection (1), an authorisation given under section 13(4) or (5), including the affected area and the authorised period specified in the authorisation, may be proved by tendering a copy of the authorisation certified by the FES Commissioner to be a true copy of the original. [Section 14C inserted: No. 25 of 2009 s. 6; amended: No. 22 of 2012 s. 69.] 14. Certain persons may enter land or building for purposes of Act (1) A person employed in the Department who is authorised by the FES Commissioner so to do, a bush fire liaison officer and a bush fire control officer, designated or appointed in accordance with the provisions of this Act, and, subject to subsection (1A), a member of the Police Force, is empowered to enter any land or building at any time to — (a) examine a fire which he has reason to believe has been lit, or maintained, or used in contravention of this Act; (b) examine a fire which he believes is not under proper control; (c) examine fire‑breaks on the land; (d) examine anything which he considers to be a fire hazard existing on the land; (e) investigate the cause and origin of a fire which has been burning on the land or building; (f) inspect fire precaution measures taken on the land; (g) investigate and examine the equipment of a bush fire brigade; (h) do all things necessary for the purpose of giving effect to this Act. (1A) Despite subsection (1), a member of the Police Force is not empowered under this section to enter any land or building for any purpose other than those specified in subsection (1)(a), (b) and (e). (2) A bush fire liaison officer or a member of the Police Force exercising the power conferred by subsection (1)(e) may remove from the land or building, and keep possession of, anything which may tend to prove the origin of the fire. [Section 14 amended: No. 11 of 1963 s. 5; No. 65 of 1977 s. 11 and 47; No. 60 of 1992 s. 8; No. 42 of 1998 s. 16; No. 38 of 2002 s. 20; No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 50.] [Divisions 3 and 4 (s. 15‑16E) deleted: No. 42 of 1998 s. 11(1).] Part III — Prevention of bush fires [Division 1 deleted: No. 65 of 1977 s. 12.] Division 2 — Prohibited burning times 17. Prohibited burning times may be declared by Minister (1) The Minister may, by declaration published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the declaration and may, by subsequent declaration so published, vary that declaration or revoke that declaration either absolutely or for the purpose of substituting another declaration for the declaration so revoked. (2) Where by declaration made under subsection (1) prohibited burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those prohibited burning times shall have effect in respect of that zone in each year until that declaration is revoked. (3) A copy of the Gazette containing a declaration published under subsection (1) shall be received in all courts as evidence of the matters set out in the declaration. (4) Where the FES Commissioner considers that burning should be carried out on any land, the FES Commissioner may suspend the operation of a declaration made under subsection (1), so far as the declaration extends to that land, for such period as the FES Commissioner thinks fit and specifies and subject to such conditions as may be prescribed or as the FES Commissioner thinks fit and specifies. (5) The FES Commissioner may authorise a person employed in the Department to regulate, permit or define the class of burning that may be carried out, and the times when and conditions under which a fire may be lit, on the land referred to in subsection (4) during the period of suspension granted under that subsection. (6) In any year in which the FES Commissioner considers that seasonal conditions warrant a variation of the prohibited burning times in a zone of the State the FES Commissioner may, by notice published in the Gazette, vary the prohibited burning times in respect of that year in the zone or a part of the zone by — (a) shortening, extending, suspending or reimposing a period of prohibited burning times; or (b) imposing a further period of prohibited burning times. (7) Subject to subsection (7B), in any year in which a local government considers that seasonal conditions warrant a variation of the prohibited burning times in its district the local government may, after consultation with an authorised CALM Act officer if forest land is situated in the district, vary the prohibited burning times in respect of that year in the district or a part of the district by — (a) shortening, extending, suspending or reimposing a period of prohibited burning times; or (b) imposing a further period of prohibited burning times. (7B) A variation of prohibited burning times shall not be made under subsection (7) if that variation would have the effect of shortening or suspending those prohibited burning times by, or for, more than 14 successive days. (8) Where, under subsection (7), a local government makes a variation to the prohibited burning times in respect of its district or a part of its district the following provisions shall apply — (a) the local government — (i) shall, by the quickest means available to it and not later than 2 days before the first day affected by the variation, give notice of the variation to any local government whose district adjoins that district; (ii) shall, by the quickest means available to it, give particulars of the variation to the FES Commissioner and to any Government department or instrumentality which has land in that district under its care, control and management and which has requested the local government to notify it of all variations made from time to time by the local government under this section or section 18; (iii) shall, as soon as is practicable publish particulars of the variation in that district; (b) the Minister, on the recommendation of the FES Commissioner, may give notice in writing to the local government directing it — (i) to rescind the variation; or (ii) to modify the variation in such manner as is specified in the notice; (c) on receipt of a notice given under paragraph (b) the local government shall forthwith — (i) rescind or modify the variation as directed in the notice; and (ii) publish in that district notice of the rescission or particulars of the modification, as the case may require. (9) For the purposes of subsection (8) — publish means to publish in a newspaper circulating in the district of the local government, to broadcast from a radio broadcasting station that gives radio broadcasting coverage to that district, to place notices in prominent positions in that district, or to publish by such other method as the FES Commissioner may specify in writing. (10) A local government may by resolution delegate to its mayor, or president, and its Chief Bush Fire Control Officer, jointly its powers and duties under subsections (7) and (8). (11) A local government may by resolution revoke a delegation it has given under subsection (10) and no delegation so given prevents the exercise and discharge by the local government of its powers and duties under subsections (7) and (8). (12) Subject to this Act a person who sets fire to the bush on land within a zone of the State during the prohibited burning times for that zone is guilty of an offence. Penalty: $10 000 or 12 months' imprisonment or both. [Section 17 inserted: No. 65 of 1977 s. 13; amended: No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 21 and 40(1); No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 51 and 69.] Division 3 — Restricted burning times 18. Restricted burning times may be declared by FES Commissioner (1) Nothing contained in this section authorises the burning of bush during the prohibited burning times. (2) The FES Commissioner may, by notice published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the notice except in accordance with a permit obtained under this section and with the conditions prescribed for the purposes of this section, and may, by subsequent notice so published, vary that declaration or revoke that declaration either wholly or for the purpose of substituting another declaration for the declaration so revoked. (3) Where by declaration made under subsection (2) restricted burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those restricted burning times shall have effect in respect of that zone in each year until that declaration is revoked. (4) A copy of the Gazette containing a declaration published under subsection (2) shall be received in all courts as evidence of the matters set out in the declaration. (4a) In any year in which the FES Commissioner considers that seasonal conditions warrant a variation of the restricted burning times in a zone, or part of a zone, of the State the FES Commissioner may, by notice published in the Gazette, vary the restricted burning times in respect of that year in the zone or part of the zone by — (a) shortening, extending, suspending or reimposing a period of restricted burning times; or (b) imposing a further period of restricted burning times. (5) Subject to subsection (5B) in any year in which a local government considers that seasonal conditions so warrant the local government may, after consultation with an authorised CALM Act officer if forest land is situated in its district — (a) vary the restricted burning times in respect of that year in the district or a part of the district by — (i) shortening, extending, suspending or reimposing a period of restricted burning times; or (ii) imposing a further period of restricted burning times; or (b) vary the prescribed conditions by modifying or suspending all or any of those conditions. (5B) A variation shall not be made under subsection (5) if that variation would have the effect of — (a) shortening the restricted burning times by; or (b) suspending the restricted burning times, or any prescribed condition, for, more than 14 successive days during a period that would, in the absence of the variation under subsection (5), be part of the restricted burning times for that zone in that year. (5C) The provisions of section 17(8), (9), (10) and (11), with the necessary adaptations and modifications, apply to and in relation to the variation of restricted burning times or prescribed conditions by a local government, as if those provisions were expressly incorporated in this section. (5D) In subsections (5) and (5C) — prescribed condition includes the requirement of subsection (6)(a). (6) Subject to this Act a person shall not set fire to the bush on land within a zone of the State during the restricted burning times for that zone of the State unless — (a) he has obtained a permit in writing to burn the bush from a bush fire control officer of the local government in whose district the land upon which the bush proposed to be burnt is situated, or from the chief executive officer of the local government if a bush fire control officer is not available; and (b) the conditions prescribed for the purposes of this section are complied with in relation to the burning of the bush. (7) The person issuing a permit to burn under this section may, by endorsement on the permit — (a) incorporate therein any additional requirements and directions considered necessary by him relative to the burning; or (b) modify or dispense with any of the conditions prescribed for the purposes of this section in so far as those conditions are applicable to the burning. (8) The holder of a permit to burn under this section — (a) shall observe and carry out any requirement or direction incorporated therein pursuant to subsection (7)(a); (b) shall, where any prescribed condition is modified pursuant to subsection (5) or subsection (7)(b), comply with that condition as so modified; (c) need not comply with any prescribed condition that is suspended or dispensed with pursuant to subsection (5) or (7)(b). (9) A permit issued under this section may authorise the owner or occupier of land to burn the bush on a road reserve adjoining that land. (10A) Subject to the regulations a local government may by resolution declare that within its district bush may be burnt only on such dates and by such persons as are prescribed by a schedule of burning times adopted by the local government. (10B) A person desiring to set fire to bush within the district of the local government that has made a declaration under subsection (10A) shall, by such date as may be determined by the local government, apply to the local government for permission to set fire to the bush, and the local government shall allocate a day or days on which the burning may take place. (10C) Any burning permitted under subsection (10B) shall be done only on the day or days and in the manner specified by the local government and subject to the conditions prescribed for the purposes of this section except that any prescribed period of notice may be varied by the local government in order to enable the schedule of burning times adopted by it to be given effect to. (11) Where a person starts a fire on land, if the fire escapes from the land or if the fire is in the opinion of a bush fire control officer or an officer of a bush fire brigade out of control on the land, the person shall be liable to pay to the local government on the request of and for recoup to its bush fire brigade, any expenses up to a maximum amount of $10 000 incurred by it in preventing the extension of or extinguishing the fire, and such expenses may be recovered in any court of competent jurisdiction. (12) A person who commits a breach of this section other than subsection (11) is guilty of an offence. Penalty: For a first offence $4 500. For a second or subsequent offence $10 000. [Section 18 inserted: No. 65 of 1977 s. 14; amended: No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 22, 39 and 40(1); No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 69.] [19. Deleted: No. 65 of 1977 s. 15.] 20. Regulations as to restricted burning times (1) The Governor may make regulations prescribing the conditions under which bush may be burnt under section 18. (2) Without limiting the generality of subsection (1), regulations may be made — (a) requiring a person who intends to burn bush to give notice to such persons as are specified in the regulations and prescribing the matters to be included in the notice and the methods by which the notice may be given; (b) prescribing the precautions to be taken before a fire is lit, and whilst it is alight, in order to keep it under control and to prevent it from spreading beyond the land in respect of which a permit to burn has been obtained under section 18; (c) prescribing, by reference to fire danger forecasts issued by the Bureau of Meteorology in Perth, the days on which a person may set fire to the bush. (3) Regulations may be made under this section — (a) so as to apply throughout the State or in any specified part or parts of the State; (b) so that different regulations apply to different parts of the State. [Section 20 inserted: No. 65 of 1977 s. 16.] Division 4 — Total fire ban [Heading inserted: No. 25 of 2009 s. 7.] 21. Terms used In this Division — area of the State includes the whole of the State; total fire ban means a total fire ban declared under section 22A(1). [Section 21 inserted: No. 25 of 2009 s. 7.] 22A. Minister may declare total fire ban (1) If the Minister is of the opinion that — (a) the existing weather conditions in an area of the State are conducive to the outbreak or spread of bush fires; or (b) such weather conditions in an area of the State are imminent; or (c) it is otherwise necessary to declare a total fire ban in respect of an area of the State, the Minister may declare a total fire ban in respect of that area. (2) A declaration of a total fire ban may be made by radio broadcast, television or other electronic means or in another manner that the Minister considers appropriate. (3) The declaration of a total fire ban is to specify — (a) the period during which; and (b) the area of the State in respect of which, the total fire ban is to have effect, and the total fire ban has effect accordingly. (4) The Minister may amend or revoke the declaration of a total fire ban by a declaration made in the manner in which the declaration of the total fire ban was made. (5) The Minister is to publish a declaration under this section in the Gazette. (6) A failure to comply with subsection (5) in relation to a declaration does not invalidate the declaration. [Section 22A inserted: No. 25 of 2009 s. 7.] 22B. Lighting of fires prohibited during total fire ban (1) Subsection (2) — (a) has effect subject to subsection (4) and sections 22C and 64 and any exemption provided for in the regulations but despite any other provision of this Act; and (b) applies — (i) in the period during which; and (ii) in the area of the State in respect of which, a total fire ban has effect. (2) A person must not — (a) light, maintain or use a fire in the open air; or (b) carry out an activity in the open air that causes, or is likely to cause, a fire. Penalty: a fine of $25 000 or imprisonment for 12 months, or both. (3) Without limiting subsection (2), a person commits an offence under that provision if the person — (a) uses in the open air an appliance that consumes solid fuel; or (b) carries out in the open air any process or operation that is specified in regulations made under section 27A(1)(a)(ii) as being a process or operation likely to create a bush fire danger; or (c) carries out in the open air an activity that is prescribed by the regulations for the purposes of this subsection. (4) Subsection (2) — (a) does not prohibit the use of a gas appliance as authorised under section 25(1aa); and (b) does not apply to an activity, or in circumstances, prescribed by the regulations for the purposes of this subsection. [Section 22B inserted: No. 25 of 2009 s. 7.] 22C. Power of Minister to exempt from provisions of section 22B (1) Subsection (2) has effect if the Minister is advised in writing by the FES Commissioner that, in the opinion of the FES Commissioner, a person has taken adequate precautions for the — (a) prevention of the spread or extension; and (b) control; and (c) extinguishment, if necessary, of any fire that is to be lit, or that may be caused by the carrying out of an activity in the open air, in the period during which, and in the area in respect of which, a total fire ban has effect. (2) If this subsection has effect, the Minister may, in respect of any such fire as is so lit or may be so caused, exempt the person, and any person acting under that person's instructions, either wholly or partially from the operation of the provisions of section 22B. (3) An exemption granted by the Minister under this section — (a) is to be in writing signed by the Minister; and (b) may be revoked or varied at any time by the Minister by notice in writing signed by the Minister and served on the person to whom the exemption was granted; and (c) unless sooner revoked, has effect for the period specified in the exemption; and (d) is subject to such conditions as the Minister thinks fit to impose and specifies in the exemption; and (e) authorises the person to whom it is granted, and any person acting under that person's instructions, subject only to any conditions specified in the exemption — (i) to light, maintain or use in the open air any fire authorised to be lit, maintained or used under the authority of the exemption; or (ii) to carry out in the open air any activity authorised to be carried out under the authority of the exemption; and (f) if paragraph (e)(i) applies — exempts any fire to which the exemption relates from the operation of section 46. (4) The Minister may at any time, by notice in writing signed by the Minister and served on the person to whom the exemption was granted, revoke or vary, whether by way of addition or substitution, any conditions specified in the exemption. (5) A person to whom an exemption is granted under this section must observe and carry out any conditions specified in the exemption. Penalty: a fine of $25 000 or imprisonment for 12 months, or both. [Section 22C inserted: No. 25 of 2009 s. 7; amended: No. 22 of 2012 s. 52.] Division 5 — Burning during prohibited times and restricted times 22. Burning on exempt land and land adjoining exempt land (1) For the purpose of this section — common boundary means the boundary common to exempt land and adjoining land, and includes the boundary of exempt land which is separated by a road, railway, or watercourse from the boundary of any other land; exempt land means land that is for the time being the subject of a suspension granted pursuant to the provisions of section 17(4). (2) Where, during the operation of a suspension granted pursuant to the provisions of section 17(4), the occupier of exempt land sets fire to the bush on that land, the occupier of the adjoining land may, subject to provisions of this section, for the purpose of reducing or abating a fire hazard, set fire to the bush on the adjoining land between the common boundary and the fire‑break referred to in subsection (3)(b). (3) Before setting fire to the bush on land which is adjoining exempt land, as provided in the last preceding subsection, the occupier of the adjoining land shall — (a) notify the local government in whose district the adjoining land is situated, of his intention so to do and obtain its approval in writing to burn; (b) prepare a fire‑break having a width of at least 3 m and the boundary of which nearer to and parallel or approximately parallel with the boundary of the exempt land is not at any point, of a greater distance than 60 m from that boundary. (4) The occupier of the adjoining land shall comply with and observe the provisions of this Act generally and of the conditions prescribed for the purposes of section 18, as modified by the provisions of this section particularly. (5) The occupier of the adjoining land and the occupier of the exempt land shall, in so far as is reasonably practicable, co‑operate with each other in setting fire to bush on the adjoining and the exempt land. (6) A local government in whose district the burning is to take place may arrange with the occupier of exempt land, the occupier of land adjoining it and a bush fire brigade which has been registered by the local government, to co‑operate in burning fire‑breaks on the respective lands. (7) Where an arrangement is made in pursuance of subsection (6) the local government shall notify the occupier of the adjoining land of the date the burning is to take place and require him to provide by that date ploughed or cleared fire‑breaks parallel to the common boundary and of a distance therefrom of not more than 60 m and as specified by the local government. (8) Where the occupier of exempt land and a bush fire brigade are burning bush on exempt land in pursuance of an arrangement made under subsection (6) — (a) the occupier of the land adjoining the exempt land shall assist in the burning of the bush; (b) a bush fire control officer or an officer of the bush fire brigade may enter the adjoining land and set fire to the bush thereon for the purpose of making a fire‑break. [Section 22 amended: No. 11 of 1963 s. 9; No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65 of 1977 s. 17; No. 51 of 1979 s. 5; No. 14 of 1996 s. 4; No. 19 of 2010 s. 52(4).] 23. Burning during prohibited burning times (1) Subject to this section the owner or occupier of land may during the prohibited burning times for the zone of the State in which his land is situated — (a) at any time, burn the bush on his land for the purpose of protecting a dwelling house or other building, or a stack of hay, wheat or other produce, from damage by fire; (b) within such period after the commencement of those prohibited burning times as is determined by the local government of the district in which his land is situated — (i) burn the bush on a road reserve adjoining his land; (ii) burn the bush on any of his land that is grass land, for the purpose of protecting pasture or crop growing on his land from damage by fire. (2) The burning of bush under this section is subject to the owner or occupier of land complying with — (a) the following conditions — (i) a permit in writing to burn the bush shall be obtained from a bush fire control officer of the local government in whose district the land is situated, or from the chief executive officer of the local government if a bush fire control officer is not available; and (ii) the bush shall be burnt at such a time between the hours of 4 p.m. and midnight of the same day as is specified in the permit issued under this section; and (iii) in the case of burning carried out pursuant to subsection (1)(a), the bush shall be burnt between 2 plough or spade breaks of which the outer break is not more than 100 m from the property to be protected; and (iv) in the case of burning carried out pursuant to subsection (1)(b)(i), the bush shall be burnt between the constructed portion of the road and an established fire‑break; and (v) in the case of burning carried out pursuant to subsection (1)(b)(ii), the bush shall be burnt between 2 fire­‑breaks that are not more than 20 m apart and each of which is not less than 2 m in width; and (b) the conditions prescribed for the purposes of section 18; and (c) such other conditions as are stipulated in the permit issued under this section. [Section 23 inserted: No. 65 of 1977 s. 18; amended: No. 14 of 1996 s. 4.] 24. Bush on land growing subterranean clover may be burnt during prohibited burning times The owner or occupier of land upon which subterranean clover is growing may burn the clover during the prohibited burning times for the purpose of facilitating the collection from it of clover burr subject to the regulations and to the following conditions — (a) the owner or occupier of the land applies for, pays the prescribed fee for and obtains from a duly authorised officer for the district of the local government in which the land is situated, a permit in the prescribed form to burn clover; (b) the permit to burn shall not be granted unless and until the applicant satisfies the authorised officer to whom the application is made that — (i) the area of the land on which the clover proposed to be burnt at one time under the permit being applied for does not exceed the area to be specified in the permit, and in any event does not exceed such area as the local government from time to time determines; (ii) the area is surrounded by a fire‑break to a width of not less than 3 m; (iii) where the area on which the burning is to take place is carrying live or dead standing trees, the area has been grazed during the growing period of the clover crop to reduce the amount of dead litter to a minimum, and that all grass and debris has been raked to a distance of not less than 2 m from the base of each standing tree. [Section 24 amended: No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65 of 1977 s. 19; No. 51 of 1979 s. 5; No. 14 of 1996 s. 4.] 24A. Bush on land in prescribed irrigation areas may be burnt during prohibited times for purpose of germinating clover (1) This section applies in those parts of the State only, which are prescribed by the regulations as areas of irrigation to which this section applies. (2) The owner or occupier of land in any area of irrigation so prescribed may for the purpose of conducing to the early germination of subterranean clover on the land, burn bush on the land during the prohibited burning times, subject to the regulations and conditions which are referred to in section 24, and which shall apply subject to modification or variation under subsection (4). (3) A fee is not payable for a permit required under this section unless regulations made under subsection (4) prescribe otherwise. (4) The provisions of the regulations mentioned in section 24, and the provisions of paragraphs (a) and (b) of that section, may be modified, varied, added to, or substituted, by regulations made in relation to burning under this section, but until so modified, varied, added to, or substituted, those provisions continue to apply, subject to subsection (3), to burning under this section. [Section 24A inserted: No. 35 of 1957 s. 4; amended: No. 11 of 1963 s. 10; No. 19 of 2010 s. 52(4).] 24B. Production of permit to burn may be required (1) A person employed in the Department authorised by the FES Commissioner so to do, a bush fire liaison officer, a bush fire control officer, an officer of a bush fire brigade, a member of the Police Force, or an officer of a local government authorised by it so to do, may require a person who has set fire to the bush, or to clover, on any land during the prohibited burning times or restricted burning times to produce the permit to burn issued to that person under the provisions of this Act in respect of the fire so lit by him. (2) Where a person does not produce a permit to burn immediately upon being required under subsection (1) to do so, the officer who made the requirement may require that person to identify the person by whom that permit was issued. (3) A person — (a) who does not, within 7 days after being required under subsection (1) to produce a permit to burn, produce that permit to the officer who made the requirement or to a person nominated by that officer; (b) who when required under subsection (2) to identify the person who issued a permit to burn to him fails or refuses to name or otherwise identify that person, is guilty of an offence. Penalty: $500. [Section 24B inserted: No. 11 of 1963 s. 11; amended: No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 20 and 47; No. 51 of 1979 s. 5; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 22 of 2012 s. 53.] 24C. Terms used In this section and sections 24D to 24G — burn garden refuse means light or use a fire in the open air for the purpose of destroying garden refuse or rubbish or for any like purpose; limited burning times, in respect of a place — (a) means — (i) the restricted burning times for that place; and (ii) the prohibited burning times for that place; but (b) does not include any time when there is in force a fire danger forecast issued for that place by the Bureau of Meteorology in Perth of "catastrophic", "extreme" or "high"; rubbish tip means disposal premises as defined in the Waste Avoidance and Resource Recovery Levy Act 2007 section 3; specified, in relation to a notice, means specified in the notice. [Section 24C inserted: No. 38 of 2002 s. 24; amended: No. 25 of 2009 s. 8; No. 40 of 2020 s. 114(2); No. 26 of 2022 s. 4.] 24D. Burning garden refuse prohibited if fire danger high to catastrophic A person must not burn garden refuse at any place at any time when there is in force a fire danger forecast issued for that place by the Bureau of Meteorology in Perth of "catastrophic", "extreme" or "high". Penalty: $3 000. [Section 24D inserted: No. 38 of 2002 s. 24; amended: No. 25 of 2009 s. 9; No. 26 of 2022 s. 5.] 24E. Burning of garden refuse at rubbish tips (1) A person must not burn garden refuse at a rubbish tip during the limited burning times for the area in which the tip is located unless it is burned in accordance with a notice published under subsection (2). Penalty: $10 000. (2) On the recommendation of the FES Commissioner the Minister may, by notice published in the Gazette, permit the burning of garden refuse at a rubbish tip during the limited burning times for the area in which the tip is located. (3) In a notice under subsection (2) the Minister — (a) must specify — (i) the person or class of persons to whom; and (ii) the area in which; and (iii) the period during which, the notice applies; and (b) may impose such conditions on the burning of garden refuse as the Minister considers appropriate. (4) The Minister may vary or cancel a notice under this section by publishing a further notice. [Section 24E inserted: No. 38 of 2002 s. 24; amended: No. 22 of 2012 s. 54.] 24F. Burning garden refuse during limited burning times (1) A person must not burn garden refuse at a place (other than a rubbish tip) during the limited burning times for that place unless it is burned — (a) in an incinerator in accordance with subsection (2); or (b) on the ground in accordance with subsection (3). Penalty: $3 000. (2) Garden refuse burned in an incinerator is burned in accordance with this subsection if — (a) the incinerator is designed and constructed so as to prevent the escape of sparks or burning material; and (b) either — (i) the incinerator is situated 2 m or more away from any building or fence; or (ii) if the incinerator is within 2 m of a building or fence, the local government has given written permission for the incinerator to be used; and (c) there is no inflammable material within 2 m of the incinerator while it is in use; and (d) at least one person is present at the site of the fire at all times until it is completely extinguished; and (e) when the fire is no longer required, the person ensures that the fire is completely extinguished by the application of water or earth. (3) Garden refuse burned on the ground is burned in accordance with this subsection if — (a) there is no inflammable material (other than that being burned) within 5 m of the fire at any time while the fire is burning; and (b) the fire is lit between 6 p.m. and 11 p.m. and is completely extinguished before midnight on the same day; and (c) at least one person is present at the site of the fire at all times until it is completely extinguished; and (d) when the fire is no longer required, the person ensures that the fire is completely extinguished by the application of water or earth. (4) A local government must not give permission under subsection (2)(b)(ii) unless it is satisfied that the use of the incinerator is not likely to create a fire hazard. [Section 24F inserted: No. 38 of 2002 s. 24.] 24G. Minister or local government may further restrict burning of garden refuse (1) On the recommendation of the FES Commissioner the Minister may, by notice published in the Gazette, prohibit or impose restrictions on the burning of garden refuse that is otherwise permitted under section 24F. (2) A local government may, by notice published in the Gazette and a newspaper circulating in its district, prohibit or impose restrictions on the burning of garden refuse within its district that is otherwise permitted under section 24F. (3) A person must not burn garden refuse contrary to a prohibition or restriction imposed under this section. Penalty: $3 000. (4) In a notice under this section the Minister or a local government must specify — (a) the person or class of persons to whom; and (b) the area in which; and (c) the period during which, the notice applies. (5) The Minister or a local government may vary or cancel a notice under subsection (1) or (2) by publishing a further notice under the relevant subsection. [Section 24G inserted: No. 38 of 2002 s. 24; amended: No. 22 of 2012 s. 55.] 25. No fire to be lit in open air unless certain precautions taken (1) Subject to subsection (1aa) and section 25A, during the restricted burning times or during the prohibited burning times a person shall not light or use a fire in the open air for a purpose not specifically mentioned or provided for in this Act, save and except in accordance with and subject to the following provisions — (a) a fire for the purpose of camping or cooking shall not be lit within 3 m of a log or stump and unless and until a space of ground around the site of the fire having a radius of at least 3 m from the site as the centre, is cleared of all bush and other inflammable material, and when for any day, or any period of a day, the fire danger forecast by the Bureau of Meteorology in Perth in respect of the locality wherein it is desired to light or use a fire for such purpose is "catastrophic", "extreme" or "high", such fire shall not be lit on that day or during that period unless and until the approval in writing of the local government for that locality has been obtained so to do; (b) a fire shall not be lit for the conversion of bush into charcoal, or in or about a lime kiln for the production of lime, unless and until approval in writing is obtained from the local government in whose district the burning is proposed to be carried out and a space of ground around the perimeter of a kiln, pit, or retort used for the purpose is cleared of all bush and other inflammable material for a distance of at least 6 m and such directions and requirements, if any, as are given or specified by a bush fire control officer or authorised CALM Act officer as being in his opinion, necessary for the purpose of preventing the fire from spreading or escaping, are duly carried out or complied with; (c) a fire for the purpose of disposing of the carcass of a dead animal, or a part of the carcass, shall not be lit — (i) unless and until a space of ground around the perimeter of the fire and the carcass or part to be burnt is cleared of all bush and other inflammable material for a distance of at least 6 m; (ii) within a distance of 6 m of a standing tree, whether dead or living and unless at least one person remains in attendance constantly at the fire, and the directions which may be given by a bush fire liaison officer or bush fire control officer in respect of the fire are complied with; (iii) except between the hours of 6 p.m. and 11 p.m.; (iv) unless and until notice of intention so to do has been given to the occupier of all land adjoining the land on which the burning is to take place and to a bush fire control officer of the local government for the district in which the fire is to be lit; [(d), (e) deleted] (f) where a fire is lit for any purpose mentioned in this subsection, except for the purpose mentioned in paragraph (b), the person who lit the fire, or the person left in attendance on the fire as required by this subsection, as the case may be, shall completely extinguish the fire by the application of water or earth before he leaves it; (g) where the occupier of a sawmill uses a fire on the premises of the sawmill for the purpose of consuming or disposing of sawdust and waste timber resulting from the sawmilling of timber in the sawmill, if the occupier causes reasonable precautions to be taken for the purpose of preventing the fire from spreading or becoming a source of danger to persons or property, and causes the particular directions or requisitions of a bush fire control officer, bush fire liaison officer or of an authorised CALM Act officer in respect of the fire to be properly observed, the occupier is not required to extinguish the fire whilst it continues to be required for the purpose; (h) where the occupier of a brick kiln uses a fire on the premises of the brick kiln for the purpose of burning and producing bricks, such occupier is not required to extinguish the fire while it continues to be required for that purpose, if he takes or causes to be taken reasonable precautions to prevent the fire from spreading or becoming a source of danger to persons or property and observes or causes to be observed properly the particular directions or requisitions of a bush fire control officer, bush fire liaison officer or authorised CALM Act officer in respect of the fire. (1aa) For the purposes of this section a gas appliance, comprising a fire the flame of which is encapsulated by the appliance and which does not consume solid fuel, shall not be taken to be a fire in the open air and may be used at any time for the purpose of camping or cooking if that gas appliance is used — (a) at a person's home; or (b) in an area which — (i) is set aside for that purpose by the State Authority or local government responsible for the care, control or management of the land; and (ii) bears the State Authority's or local government's sign denoting that purpose, and all combustible material is cleared from within a 5 m radius of the appliance. (1a) Notwithstanding anything contained in subsection (1) a local government may, by notice published in the Gazette and in a newspaper circulating in its district, prohibit the lighting of fires in the open air in its district for the purpose of camping or cooking for such period during the prohibited burning times as is specified in the notice. (1b) A notice published under subsection (1a) may be cancelled or varied by a subsequent notice so published. (1c) During any period for which the lighting of fires for the purpose of camping or cooking is prohibited in the district of a local government by a notice published under subsection (1a) a person shall not light a fire in the open air in that district for either of those purposes unless the fire is lit — (a) in a place specified in the notice as being set aside for the lighting of camping and cooking fires; or (b) with the approval in writing of the local government. (1d) The provisions of subsection (1)(a) and (f) shall be complied with in relation to a fire lit pursuant to subsection (1c). (2) A person who contravenes a provision of this section is guilty of an offence. Penalty: $3 000. [Section 25 amended: No. 11 of 1963 s. 12; No. 15 of 1965 s. 2; No. 113 of 1965 s. 8(1); No. 101 of 1969 s. 5; No. 67 of 1970 s. 2; No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65 of 1977 s. 21, 47 and 48; No. 51 of 1979 s. 5; No. 8 of 1987 s. 8; No. 60 of 1992 s. 23; No. 14 of 1996 s. 4; No. 57 of 1997 s. 26(1); No. 10 of 1998 s. 20(1); No. 38 of 2002 s. 25, 39 and 40; No. 25 of 2009 s. 10; No. 19 of 2010 s. 52(4); No. 26 of 2022 s. 6.] 25A. Power of Minister to exempt from provisions of section 25 (1) Where the Minister is advised in writing by the FES Commissioner that, in the opinion of the FES Commissioner, a person has taken adequate precautions for the — (a) prevention of the spread or extension; and (b) control; and (c) extinguishment, if necessary, of any fire that is to be lit in the open air during the restricted burning times or the prohibited burning times the Minister may, in respect of any such fire as is so lit, exempt the person and any person acting under his instructions, either wholly or partially from the operation of the provisions of section 25. (2) An exemption granted by the Minister under this section — (a) shall be in writing signed by the Minister; and (b) may be revoked at any time by the Minister by notice in writing signed by him and served on the person to whom the exemption was granted; and (c) is subject to such conditions as the Minister thinks fit to impose and specifies in the exemption; and (d) authorises the person to whom it is granted and any person acting under his instructions to light and maintain, subject only to the conditions of the exemption, any fire authorised to be lit and maintained pursuant to the authority of the exemption; and (e) exempts any fire to which the exemption relates from the operation of section 46. (3) The Minister may at any time, by notice in writing signed by him and served on the person to whom the exemption was granted, revoke or vary, whether by way of addition or substitution, any conditions specified in the exemption. (4) A person to whom an exemption is granted under this section shall observe and carry out any conditions specified therein. Penalty: $10 000. (5) Notwithstanding any other provision of this section a local government may, by notice in writing served on a person to whom an exemption has been granted under this section, prohibit that person and any person acting under his instructions from lighting a fire to which the exemption relates for such period as is specified in the notice. (6) A notice under subsection (5) may prohibit the lighting of a fire either absolutely or unless such conditions as are specified in the notice are complied with. (7) A person who lights a fire contrary to a notice under subsection (5) is guilty of an offence. Penalty: $10 000. [Section 25A inserted: No. 15 of 1965 s. 3; amended: No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 22 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 26 and 39; No. 22 of 2012 s. 56.] [25B. Deleted: No. 38 of 2002 s. 27(1).] 26. Burning of plants to eradicate disease during prohibited burning times (1) Where in the opinion of the Minister it is desirable that a plant, or the refuse of a plant, should be burnt during the prohibited burning times in order to eradicate the plant or to prevent or eradicate disease arising or likely to arise from the plant, or the refuse, the Governor may, on the recommendation of the Minister, by proclamation — (a) authorise the burning of the plant, and the refuse specified in the proclamation, during the prohibited burning times or during any period of the prohibited burning times, as stated in the proclamation; and (b) declare that the proclamation shall take effect either generally or in the particular districts which are specified in the proclamation. (2) A proclamation made under the provisions of subsection (1) may be revoked, amended, or varied at any time by a subsequent proclamation. (3) Where a proclamation authorises the burning of a plant, or the refuse of the plant, the burning shall be carried out subject to and in accordance with the regulations. (4) A person who pursuant to the authority of a proclamation made under this section, burns a plant or the refuse of a plant, and fails to carry out the burning in accordance with the regulations is guilt