BUSH FIRES ACT. Act No. 31, 1949. An Act to make provision for the prevention, control and suppression of bush and other fires, and for the mitigation of dangers resulting from bush fires; to repeal the Careless Use of Fire Act, 1912-1946, and the Bush Fires Act, 1930; to amend the Local Government Act, 1919, and certain other

other Acts in certain respects; and for purposes connected therewith. [Assented to, 11th November, 1949.]

B

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :-- PART I.
PRELIMINARY.

1. (1) This Act may be cited as the " B u s h Fires Act, 1949." (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. 2 . This Act is divided into Parts, as follows:-- P A R T I.--PRELIMINARY.
P A R T II.--PREVENTION OF BUSH AND OTHER FIRES. P A R T III.--BUSH FIRE BRIGADES. PART IV.--BUSH FIRE CONTROL OFFICERS. P A R T V.--FIRE REGIONS. P A R T VI.--EASTERN AND CENTRAL DIVISIONS BUSH FIRE FIGHTING FUND. DISTRICTS AND FIRE

P A R T VII.--GENERAL. SCHEDULE. 3 . Unless otherwise expressly provided nothing in this Act shall affect any of the provisions of the Fire Brigades Act, 1909-1949, the Forestry Act, 1916-1949, or the Soil Conservation Act, 1938-1949, or any by-laws or regulations made thereunder. 4 . The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed. 5 . (1) All proclamations, permits, notifications, notices, or directions published, granted, made or given under any enactment repealed by this Act and in force immediately

immediately before the commencement of this Act, shall continue in force and shall be deemed to have been published, granted, made or given under this Act. (2) All bush fire brigades organised under the Local Government Act, 1919, as amended by subsequent Acts, and in existence immediately before the commence ment of this Act, shall continue in existence and shall be deemed to be bush fire brigades organised under this Act. (3) A bush fire brigade captain, or deputy bush fire brigade captain holding office as such under the Local Government Act, 1919, as amended by subsequent Acts, immediately before the commencement of this Act, shall be deemed to have been appointed under this Act. (4) 411 regulations made under the enactments repealed by this Act and in force immediately before the commencement of this Act shall, until repealed, replaced or amended by regulations under this Act, continue in force, and shall be deemed to have been made under this Act. 6 . In the Act, unless the context or subject matter otherwise indicates or requires-- " A r e a " has the meaning ascribed thereto in the Local Government Act, 1919, as amended by subsequent Acts. " B u s h fire" includes a grass fire. " B u s h fire danger p e r i o d " means a period proclaimed as such under this Act. " B u s h fire district" means any part of New South Wales proclaimed as a bush fire district under this Act. "Committee" means the Bush Fire Committee constituted under this Act. "Council" has the meaning ascribed thereto in the Local Government Act, 1919, as amended by subsequent Acts, and includes a county council within the meaning of that Act, as so amended. " E a s t e r n and Central Divisions" means the Eastern and Central Divisions of the State of New South Wales as defined in the Crown Lands Consolida tion Act, 1913, as amended by subsequent Acts. "Financial

"Financial y e a r " means the year ending on the thirtieth day of June. " F i r e control officer" means a fire control officer appointed under this Act. " F i r e fighting a p p a r a t u s " includes all engines, vehicles, horses, reels, buckets, hoses, pumps, ladders, escapes, tanks, tools, radio equipment, implements and things used for or in connection with the prevention or suppression of fire or the protection of life or property in case of fire. " F i r e patrol officer" means a fire patrol officer appointed under this Act. " F i r e region" means any part of New South "Wales proclaimed as a fire region under this Act. " F u n d " means the Eastern and Central Divisions Bush Fire Fighting Fund established under P a r t VI of this Act. "Inflammable m a t t e r " includes all substances or matter capable of ignition or combustion by the application of heat or fire or by means of sparks or flame or by spontaneous causes together with all substances which are classified as inflammable matter by any regulation made under this Act. "Insurance company" means any corporate body, company, partnership, association, underwriters or persons insuring any property outside a fire district constituted under the Fire Brigades Act, 1909-1949, against loss or damage caused by fire or lightning. "Occupier" in relation to land means the person who has the management or beneficial use of the land whether residing thereon or not and, in relation to a public reserve or park, means the trustees thereof or any person having the care, control and management thereof. "Owner" in relation to land, includes every person who jointly or severally, whether at law or in equity-- (a) is entitled to the land for any estate of freehold in possession; or (b)

(b) is a person to whom the Crown has lawfully contracted to grant the feesimple under the Crown Lands Con solidation Act, 1913, or any other Act relating to the alienation of lands of the Crown; or (c) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive the rents and profits thereof, whether as bene ficial owner, trustee, mortgagee in possession or otherwise. " P r e s c r i b e d " means prescribed by this Act or by the regulations. "Public authority" means any board, commission, trust or other body, corporate or unincorporate, established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of New South Wales, but does not include a council. " R e g u l a t i o n s " means regulations made under this Act. "Supervised p a r k " means any public reserve or park proclaimed as a supervised park under this Act. " W e s t e r n Division" means the Western Division of the State of New South Wales as defined in the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts.

P A R T II.
PREVENTION OF BUSH AND OTHER FIRES.

7. The Governor may from time to time by proclama tion published in the Gazette declare any period to be a bush fire danger period. Any.

Any such proclamation may apply to the whole State o r any part of the State specified therein and may declare different periods in respect of different parts. 8. The Governor may from time to time by proclama tion published in the Gazette declare any public reserve or park to be a supervised park for the purposes of this Act. 9 . The Governor may from time to time by proclama tion published in the Gazette revoke, amend or vary any proclamation made under this Act. 1 0 . (1) No person shall light, maintain, or use, or cause to be lit, maintained or used any fire for the purpose of clearing any land of bush, stubble, scrub, timber, trees, grass or vegetative or other material or for burning any fire break unless he gives the prescribed notices to the prescribed persons. (2) (a) No person shall during the bush fire danger period light, maintain or use, or cause to be lit, maintained or used any fire, upon any land within any area in respect of which such bush fire danger period has been proclaimed, for the purpose of clearing such land of bush, stubble, scrub, timber, trees, grass or vegetative or other material or for burning any fire break, unless-- (i) he gives the notices required to be given under subsection one of this section; (ii) he has obtained a permit from the council of such area or a person authorised in that behalf by such council authorising him to light, main tain or use such fire; and (iii) such fire is lit, maintained or used in accordance with the conditions (if any) attached to such permit. (b) The provisions of paragraph (a) of this subsection relating to permits shall not apply to any fire lit, maintained, or used by or under the direction of a public authority. (3) Any such permit shall be in writing and shall specify the duration thereof. (4) Any such permit may be granted subject to such conditions as may be specified or referred to therein. (5)

(5) (a) Such conditions may include a condition that any fire to be lit, maintained or used-- (i) in a fire district constituted under the Fire Brigades Act, 1909-1949, shall be lit, maintained or used by or under the supervision of the fire brigade in such district or the officer or fireman in charge of such fire brigade; (ii) outside any such fire district shall be lit, main tained or used by or under the supervision of the bush fire brigade specified in the permit or the captain or deputy captain of such bush fire brigade or any fire control officer. (b) Such conditions shall include a condition that at least one person shall be present at the site of the fire from the time it is lit till such time as it is extinguished. (6) Where any permit is granted under this section by a council or any person authorised in that behalf by a council for the lighting, maintenance or use of any fire and the land on which such fire is to be lit, maintained or used is within five miles of any national forest, State forest, timber reserve or flora reserve under the Forestry Act, 1916-1949, or any other Act, a copy of such permit shall, within twenty-four hours of the granting thereof, be forwarded by such council or such person to a forestry officer attached to such forest or reserve. 1 1 . (1) A permit granted under section ten of this Act by a council or a person authorised in that behalf by a council may be revoked, suspended or varied by such council or such person and notification of such revocation, suspension or variation shall be given in writing to the holder of such permit and to the forestry officer to whom a copy of such permit has been forwarded in accordance with subsection six of section ten of this Act. (2) Where the council or any person authorised by the council to grant permits is of the opinion that the weather conditions are conducive to the outbreak or spread of bush fires or that weather conditions conducive to the outbreak or spread of bush fires are imminent and it

it is impracticable to give the notification under subsec tion one of this section in the manner prescribed by that subsection such notification may be given by or on behalf of such council or such person verbally or in such other manner including aerial broadcast as such council or such person deems expedient: Provided that notification by aerial broadcast shall only be given when no other practicable method is available. 1 2 . (1) Any person who-- (a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority under such circumstances as to cause or be likely to cause injury or damage to such other person or his land or property or the land or property of the Crown or public authority; (b) permits a fire to escape from his own land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority; (c) sells, offers for sale, distributes or uses any wax matches or any matches other than those so made as to strike only on a preparation attached to the containing box or a box containing the same description of matches; (d) leaves whether temporarily or otherwise any fire which he has lit or used in the open air before the same is thoroughly extinguished; shall be guilty of an offence against this P a r t of this Act. (2) (a) The Governor may by proclamation published in the Gazette suspend the operation of paragraph (c) of subsection one of this section in any locality or localities specified in the proclamation for such period or periods as may be specified in the proclamation. (b) Nothing in paragraph (d) of subsection one of this section shall require any person to extinguish a fire in the open air which has been lit or used for the purpose of cooking, heating or preparing meals or boiling water

water or for any like purpose in accordance with the regulations if, at the time of his leaving it, such fire continues to be used by some other person. (3) Any person who in any part of the State ins respect of which a bush fire danger period has been, proclaimed and during such bush fire danger period-- (a) ignites or uses or carries when ignited any cigarette, tobacco, cigar or match or any other burning or incandescent material within fifty feet of any stacks of grain, hay, corn or straw: or any standing crops or stubble field; (b) throws down or drops any lighted cigarette, tobacco, cigar or match or any other burning or incandescent material on any land, shall be guilty of an offence against this P a r t of this Act. 1 3 . (1) The council of an area may, by notice in writing, require the occupier (or where there is no occupier, the owner) of any land within the area-- (a) to plough, burn, clear or otherwise establish fire breaks On such land in the manner, within the time or at such times and at the places and to the widths specified in such notice, and thereafter to maintain such fire breaks; (b) to remove, burn or destroy any inflammable matter or other material upon such land where the council is satisfied that the removal, burning or destruction thereof is necessary for the prevention of the outbreak, spread or extension of a bush fire or other fire. F o r the purposes of this section the expressions "occupier" and " o w n e r " shall not include a public authority. (2) (a) A notice under paragraph (a) of sub section one of this section shall not operate to require an occupier or owner to kill or remove any living trees which are reasonably necessary for shade, shelter, windbreak or fodder purposes. (b) A notice under paragraph (b) of sub section one of this section shall specify the time or times at

at which or the period within which such removal, burning or destruction shall be carried out and may also specify the circumstances in which and the conditions under which such removal, burning or destruction shall be carried out. (3) An occupier or owner to whom a notice has been given under this section shall, notwithstanding the fact that a permit has not been granted under subsection two of section ten of this Act, comply with the require ments specified in the notice. (4) The requirements and conditions so specified may include a requirement or condition that the burning of fire breaks or of inflammable matter or other material-- (a) shall, in a fire district constituted under the Fire Brigades Act, 1909-1949, be carried out by or under the supervision of the fire brigade in such district or the officer or fireman in charge of such fire brigade; (b) shall, outside any such fire district, be carried out by or under the supervision of the bush fire brigade specified in the notice or the captain or deputy captain of such bush fire brigade or any fire control officer. (5) Where a council by notice in writing requires the occupier or owner of any land to burn fire breaks or inflammable matter or other material and the land on which such fire breaks or inflammable matter or other material are or is to be burnt is within five miles of any national forest, State forest, timber reserve or flora reserve under the Forestry Act, 1916-1949, or any other Act, a copy of such notice shall, within twenty-four hours after the same has been given, be sent by such council to a forestry officer attached to such forest or reserve. 1 4 . (1) If within the time specified in any notice under section thirteen of this Act the owner or occupier to whom it is given fails to comply with any requirement thereof any servants, agents or workmen of the council or any officers or members of any fire brigade or bush fire

fire brigade authorised by the council may, without prejudice to the liability of the owner or occupier, enter upon the land and do all such acts, matters and things as the owner or occupier was required to do, and the expenses of doing such acts, matters or things shall be borne by and may be recovered as a debt from such owner or occupier by the council in any court of competent jurisdiction. (2) Where any servants, agents or workmen of a council or any officers or members of any fire brigade or bush fire brigade are authorised under subsection one of this section to enter any land and light any fire and the land on which such fire is to be lit is within five miles of a national forest, State forest, timber reserve or flora reserve under the Forestry Act, 19161949, or any other Act, a notification in writing stating the time at which or the period within which such fire is to be lit shall be sent by the council to a forestry officer attached to such forest or reserve. 1 5 . (1) If the owner or occupier of any land clears the same of all inflammable matter for a space of not less than twenty feet wide from any fence dividing such land from the land of any other owner or occupier, and such other owner or occupier neglects or omits so to clear his land, and any damage from fire happens to such dividing fence from such neglect or omission, the owner or occupier so neglecting or omitting to clear shall at his own expense cause such fence to be repaired or re-erected within one month after the same has been so damaged, or within such extended period as may be allowed by a stipendiary magistrate on application made to him in a summary way. Reasonable notice of any such application shall be given to the owner or occupier who has cleared his land. (2) If the owner or occupier so neglecting or omitting to clear refuses or omits to repair or re-erect such fence within such month or such extended time as may be allowed in pursuance of subsection one of this section, the owner or occupier of the land contiguous to the said fence who has cleared the same of inflammable matter as aforesaid may repair or re-erect such dividing fence. (3)

(3) All sums of money which are so expended or laid out under the provisions of subsection two of this section shall be deemed to be money paid to the use of the owner or occupier in default. (4) Any owner or occupier, who has cleared his land in the manner referred to in subsection one of this section, may enter the land of an adjoining owner or occupier, who has neglected or omitted so to clear his land, without any liability for trespass or action for com pensation for any damage done by him, and take all necessary steps to extinguish any unattended fire which at its closest point has approached to within twenty chains of and endangers his land or any fence or pro perty thereon. (5) The owner or occupier of land which adjoins any Crown land not held under lease or license nor vested in nor under the control of trustees may enter upon such land for the purpose of clearing, making and maintaining thereon fire breaks not more than sixtysix feet wide along the boundary of such land. 1 6 . (1) Where the Minister is of opinion that it is necessary or expedient in the interests of public safety so to do, he may by notification published in the Gazette or in a newspaper circulating in the area or areas to which the direction relates, direct that-- (a) the lighting of any fire or class of fire in the open air is prohibited in such area or areas or part or parts thereof and for such period or periods as may be specified in such notification; (b) such special conditions as may be specified in such notification be observed by persons light ing any fire or class of fire in the open air in such area or areas or part or parts thereof and for such period or periods as may be specified in such notification; (c) such action as may be specified in such notifica tion be taken in such area or areas or part or parts thereof and by such persons or class of persons as may be specified in such notification for preventing the outbreak or the spread of any bush fire or for controlling or extinguishing any bush fire. (2)

(2) Where the Minister is of the opinion that the weather conditions are conducive to the outbreak or spread of bush fires or that weather conditions conducive to the outbreak or spread of bush fires are imminent and that it is impracticable to give any directions under paragraph (a) of subsection one of this section in the manner prescribed by that subsection such directions may be given by or on behalf of the Minister verbally or in such other manner including aerial broadcast as the Minister deems expedient. (3) The Minister may by writing under his hand delegate all or any of his powers or functions under this section (except this power of delegation) to the council of an area so that the delegated powers or functions with respect to the matters or class of matters specified in the instrument of delegation may be exercised by that council in respect of the area of which it is the council. Every delegation under this subsection shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister. Where in this section the exercise of any power or function by the Minister or the operation of any provision of this section is dependent upon the opinion of the Minister in relation to any matter that power or function may be exercised by the delegate or that provision may operate, as the case may be, upon the opinion of the delegate in relation to that matter. (4) Any person who fails to comply with any direction given by the Minister or the council of an area under or pursuant to the provisions of this section shall be liable upon conviction to a penalty not exceeding two hundred pounds or to imprisonment for a period not exceeding two years or to both such penalty and imprisonment. (5) The provisions of this section shall have effect notwithstanding anything contained in this Act (section seventeen excepted) or any other Act to the contrary.

17.

1 7 . (1) Where the Minister is of opinion that a state of emergency exists and it is necessary or expedient in he interests of public safety so to do, he may authorise o r direct the Commissioner of Police or any member of the Police Force or any officer or employee of the Board of Fire Commissioners of New South Wales or of the Forestry Commission of New South Wales or any officer or employee appointed or employed under the provisions of the Public Service Act, 1902, or any other person whomsoever to take charge of bush fire fighting operations in any area or locality. Where any person is so authorised or directed by the Minister pursuant to this section all councils, captains, deputy captains, group captains and deputy group captains of bush fire brigades, fire control officers, fire patrol officers, officers and employees of the Board of Fire Commissioners of New South Wales and the Forestry Commission of New South Wales, members of the Police Force and other persons, shall comply with any direction given by such person in connection with the suppression or control of any fire which is burning in any area or locality in respect of which such person has been so authorised or directed. A state of emergency may be deemed to exist where the Minister is of the opinion that any bush fire has assumed such proportions as to be incapable of control or suppression by the fire fighting authority or authori ties in whose area or locality it is burning. (2) Any person failing to observe any direction given pursuant to this section by a person authorised or directed by the Minister shall be liable upon conviction to a penalty not exceeding two hundred pounds or to imprisonment for a period not exceeding two years or to both such penalty and imprisonment. (3) The provisions of this section shall have effect notwithstanding anything contained in this or any other Act to the contrary. 1 8 . Any person who contravenes or fails to comply with any provision of this P a r t of this Act or with the conditions of any permit granted under this P a r t of this Act or with the requirements of any notice given by a

a council under section thirteen of this Act or is guilty of an offence against this P a r t of this Act shall, where no other penalty is expressly provided, be liable for a first offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such penalty and imprisonment and for any subsequent offence to a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding two years or to both such penalty and imprisonment.

PART III.
BUSH FIRE BRIGADES.

1 9 . Bush fire brigades may be formed or organised-- (a) by a council within its area or any part thereof not being within a fire district constituted under the Fire Brigades Act, 1909-1949; (b) by two or more councils jointly within the areas of such councils or any parts thereof not being within a fire district so constituted; (c) by the Minister where he is of the opinion that the formation of a bush fire brigade in any area or part thereof, not being within a fire district so constituted, is necessary and the council of such area has failed or refused to comply with a request by the Minister to form or organise a bush fire brigade; (d)

(d) by the Minister in any locality in the Western Division not being within a fire district so constituted; (e) by the Minister and one or more councils jointly in the areas of such councils or any parts thereof not being within a fire district so constituted and any locality in the Western Division adjoining such areas or parts thereof not being within a fire district so constituted. 2 0 . The council, or Minister, or the Minister and council or councils, as the case may be, by whom any bush fire brigades are formed or organised-- (a) shall determine the territory in respect of which such bush fire brigades may operate, and (b) may appoint a captain and deputy captains of bush fire brigades so formed or organised and a group captain and deputy group captains of any two or more bush fire brigades formed or organised within an area. 2 1 . The captains, deputy captains, group captains and deputy group captains of bush fire brigades shall have and may exercise such powers, authorities, duties and functions as are conferred and imposed upon them under this Act or the regulations thereunder. 2 2 . (1) A bush fire brigade captain or group captain, or in the absence of the bush fire brigade captain or group captain the deputy bush fire brigade captain or deputy group captain or the senior deputy bush fire brigade captain or senior deputy group captain may, for the purpose of the control or suppression of a bush fire or the protection of life or property from any existing or imminent bush fire danger-- (a) enter any land or building of any person; (b) cause any road or public place in the vicinity of the bush fire to be closed to traffic, other than traffic of the Naval, Military or Air Forces of His Majesty, or of any power which is allied or associated with His Majesty in any war in which His Majesty is engaged; (c)

(c) pull down, cut and remove or cause to be pulled down, cut and removed, fences on any land; (d) destroy, pull down or remove or cause to be destroyed, pulled down or removed any build ings or structures on any land; (e) destroy or remove or cause to be destroyed or removed any living or dead vegetation; (f) burn, plough or clear fire breaks on any land or cause fire breaks to be burnt, ploughed or cleared on any land; (g) take and use free of charge any water from any source whatsoever on any land; (h) use free of charge all or any water mains, water plugs, valves, pipes and works of water supply vested in or under the management or control of any water supply authority, public authority or body whatsoever; (i) do any other act, matter or thing which is necessary for or incidental to the control or suppression of a bush fire or the protection of life or property from any existing or imminent bush fire danger or the effective exercise of any of the powers conferred by this subsection. (2) The powers conferred by subsection one of this section may, subject to sections sixteen and seventeen of this Act, be exercised notwithstanding any other provisions of this Act: Provided that such powers shall not be exercised on or in connection with any land or property vested in or under the control of-- (a) the Commissioner for Railways--unless permis sion has been granted by such Commissioner or some person authorised by him in that behalf; (b) the Forestry Commission of New South Wales-- unless permission has been granted by a person authorised by such Commission in that behalf. (3) The powers conferred by the foregoing provisions of this section on a person referred to in subsection one of this section may be exercised within the territory

territory of the bush fire brigade or brigades to which such person has been appointed and may also be exercised outside such territory:-- (a) in relation to a bush fire which has passed from or is approaching such territory and is not within the territory of any other bush fire brigade; (b) in relation to a bush fire which is within any area (whether or not such area is the area within which the bush fire brigade was formed or organised and whether or not the fire is within the territory of any other bush fire brigade) where the exercise of such powers is sanctioned by the mayor, president, or clerk of the council of such area; (c) in relation to a bush fire which is in any locality (whether or not such locality is within the territory of another bush fire brigade) where the exercise of such powers in such locality has been directed or sanctioned by the Minister; (d) in relation to a bush fire within the territory of any bush fire brigade (not being a bush fire brigade within the area of any council) where the exercise of such powers in such territory has been sanctioned by the captain of any such bush fire brigade; (e) in relation to a bush fire which is within any fire district constituted under the Fire Brigades Act, 1909-1949, where the exercise of such powers in such fire district is sanctioned by the officer or other person in charge of the fire brigade in such fire district; (f) in relation to a bush fire which is within a bush fire district where the exercise of such powers in such bush fire district is sanctioned by the fire control officer. (4) Any damage to property caused by any person purporting bona fide to exercise any power con ferred by or under this section shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged. (5).

(5) Any provision, stipulation, covenant or condi tion in any agreement which negatives, limits or modifies or purports to negative, limit or modify the operation of subsection four of this section shall be void and of no effect. 2 3 . A captain, deputy captain, group captain or deputy group captain or any member of a bush fire brigade shall not, merely by reason of the authority granted him to exercise any powers or carry out any duties under this Act, be deemed to be a servant of a council or of the Minister, as the case may be. 2 4 . The powers and authorities conferred upon a captain, deputy captain, group captain or deputy group captain under this Act in respect of a bush fire may be exercised by a captain, deputy captain, group captain, or deputy group captain at any fire of any kind within the territory of the bush fire brigade if, in his opinion, the fire is out of control.

P A R T IV.
BUSH FIRE DISTRICTS AND FIRE CONTROL OFFICERS.

2 5 . The Governor may, from time to time, upon application by a council and upon the recommendation of the Committee, declare by proclamation published in the Gazette the area of such council or part thereof (not being within a fire district constituted under the Fire Brigades Act, 1909-1949, a national forest, State forest, timber reserve or flora reserve, under the Forestry Act, 1916-1949, or any other Act) to be a bush fire district for the purposes of this Act: Provided

Provided that, in the event of any bush fire district or part thereof being constituted a fire district under the Fire Brigades Act, 1909-1949, such bush fire district or part thereof shall cease to be a bush fire district for the purposes of this Act. 2 6 . (1) Where any area has been proclaimed a bush fire district the Minister shall upon the recommendation of the Committee appoint a person as fire control officer for that district for such period or periods as he thinks fit. (2) Where any area or part thereof has been proclaimed a bush fire district and such district adjoins a fire district constituted under the Fire Brigades Act, 1909-1949, the person to be appointed as fire control officer under this section shall where practicable be the officer-in-charge of such fire district. 2 7 . A fire control officer appointed under this P a r t of this Act shall have all the powers and immunities conferred upon any captain of a bush fire brigade by P a r t I I I of this Act. Notwithstanding anything contained in P a r t I I I of this Act a fire control officer-- (a) shall have the supervision and direction of all bush fire brigades in the bush fire district to which he has been appointed and of the captains, deputy captains, group captains or deputy group captains of such brigades; (b) shall have the right to use any fire fighting apparatus in such bush fire district; (c) shall inspect all fire fighting apparatus in such bush fire district; (d) shall take all necessary measures for extinguishing fires in such bush fire district and protecting and saving life and property in case of fire.

PART

P A R T V.
FIRE REGIONS.

2 8 . (1) The Governor, upon the recommendation of the Minister for Local Government, may, from time to time, by proclamation published in the Gazette, proclaim parts of the Eastern and Central Divisions as fire regions for the purposes of this Act and may, in like manner-- (a) abolish any fire region; or (b) alter any existing fire region. (2) The boundaries of fire regions shall, as nearly as practicable, be coincident with the boundaries of areas. (3) The sub-committee of the Committee may, and if requested by the Minister for Local Government so to do shall, prepare and submit to him proposals for the purpose of giving effect to this section.

P A R T VI.
EASTERN AND CENTRAL DIVISIONS BUSH FIRE FIGHTING FUND.

2 9 . (1) There shall be established and kept in the Treasury an account in Special Deposits Account to be called the Eastern and Central Divisions Bush Fire Fighting Fund. (2) All moneys received under this P a r t of this Act shall be paid into such Fund and the cost of adminis tration of this P a r t of this Act and all expenses incurred by the Minister for Local Government in the exercise of his powers, authorities and functions pursuant to this P a r t of this Act in addition to all expenditure on bush fire fighting in the Eastern and Central Divisions shall, subject to the provisions of this Act, be paid out of the said Fund. (3)

(3) The cost of administration of this P a r t of this Act and all expenses incurred by the Minister for Local Government in the exercise of his powers, authori ties and functions pursuant to this P a r t of this Act shall not, during any financial year, exceed ten per centum of the total expenditure from the Fund in respect of such financial year. (4) The certificate of the Minister for Local Government shall be accepted as conclusive evidence as to the cost of administration of this P a r t of this Act and all expenses incurred by him in the exercise of his powers, authorities and functions pursuant to this P a r t of this Act. 3 0 . (1) (a) As soon as practicable after the com mencement of this Act the Minister for Local Govern ment shall prepare-- (i) an estimate of the probable expenditure from the Fund during the period from the commence ment of this Act to the thirtieth day of June then next ensuing, which period is hereinafter referred to as the first financial year; (ii) an estimate of the parts of such expenditure applicable to each fire region. (b) Before the end of the first financial year and each succeeding financial year the Minister for Local Government shall prepare-- (i) an estimate of the probable expenditure from the Fund during the then ensuing financial year; (ii) an estimate of the parts of such expenditure applicable to each fire region. (2) The Minister for Local Government shall so prepare such estimate that the amount of the contribution to be paid by a council shall not exceed one-twentieth of a penny in the pound on the unimproved capital value of ratable land in the area of such council (not being land within a fire district constituted under the Fire Brigades Act, 1909-1949). (3)

(3) Before preparing the estimate the Minister for Local Government shall consider the report and recommendation of the sub-committee of the Committee in respect of the matters referred to in subsection one of this section. 3 1 . For the purpose of enabling the Minister for Local Government to prepare the estimates referred to in section thirty of this Act a council or bush fire brigade or the trustees of any supervised park or a fire control officer shall, at such times and in such manner as the Minister for Local Government may require, furnish to him such information relative to the bush fire brigades or other fire fighting personnel, the fire fighting apparatus of such bush fire brigades or personnel and such other matters relating to the organisation of such bush fire brigades or personnel as he may require. 3 2 . (1) Towards the estimate referred to in sub section one of section thirty of this Act-- (a) the Colonial Treasurer shall contribute onequarter; (b) councils the areas of which are situated in the Eastern and Central Divisions wholly or partly outside any fire district constituted under the Fire Brigades Act, 1909-1949, shall contribute one-quarter. Such contribution shall be paid out of the general funds of such councils; (c) insurance companies shall contribute one-half. (2) The amounts to be so contributed shall be paid in equal quarterly instalments on the first day of July, the first day of October, the first day of January and the first day of April respectively in each financial year: Provided that the Governor may by proclamation direct the manner and the times of payment in respect of the first financial year. (3) The Colonial Treasurer may, in addition to the contribution to the Fund under subsection one of this section, from time to time advance such moneys to the Fund subject to such terms and conditions as he may determine.
(4)

(4) Any moneys payable by the Colonial Treasurer under this section shall be paid out of moneys provided by Parliament. (5) Where it is shown to the Governor that the danger from bush fires in an area is negligible he may exempt the council of that area from making contribu tions to the F u n d : Provided that no exemption shall be granted except upon the recommendation of the Committee. (6) Where the council of any area has been exempted under subsection five of this section from making contributions to the Fund no payment shall be made in or towards any of the purposes specified in section thirty-seven of this Act for the benefit of the area in respect of which such exemption has been granted. 3 3 . (1). The contributions of councils shall be determined as follows:-- (a) That part of the estimated expenditure applic able to any fire region which is to be contributed by councils shall be contributed by those councils the areas or any parts of which lie within the fire region. (b) The total amount of the contribution of any council shall be absolutely determined by the Minister for Local Government. (2) The amount of the contribution payable by any council may be raised if necessary, and notwithstand ing any statutory limit of such rates, by an increase of the general rate by such a sum in the pound as will be sufficient to provide the amount of the contribution, and such increase shall for all purposes be deemed to form part of such general rate. (3) Every council and every officer thereof shall, when so required by the Minister for Local Government, furnish him with all such documents, papers and informa tion as he may require to determine the contribution of the council. 3 4 . The contributions of the respective insurance companies shall be determined as follows:-- (a) Every insurance company shall, before the last day of February in each year or at such other time

time as the Minister for Local Government may notify, send to the Minister for Local Govern ment a return showing the total amount of the premium income received by or due to such company during the year ending the thirty-first day of December then last past in respect of insurance of any property whatsoever situated within the Eastern and Central Divisions outside fire districts constituted under the Fire Brigades Act, 1909-1949, against loss or damage caused by fire or lightning less any part of such premium income actually paid by way of re-insurance to any other companies contributing under this P a r t of this Act together with a statutory declaration by the manager, secretary or agent in the State of such company that to the best of his knowledge, information and belief, such return is a true return of such amount. If any such company fails to send such return within the time so prescribed or notified, such company shall be liable to a penalty not exceeding five pounds for every day during which such default continues. If any such return is false in any material particular such company shall be liable to a penalty not exceeding one hundred pounds. (b) The amount to be contributed by each such com pany shall bear the same proportion to the whole contribution by insurance companies as the amount of premium income shown in the com pany's return bears to the aggregate amount of premium income shown in all such returns. 3 5 . (1) If, in any financial year, the amount received by the Minister for Local Government from contributions under this P a r t of this Act falls short of the expenditure based on the estimate for that financial year, the deficit shall be added to the estimate of expenditure for the ensuing year and, subject to subsection two of section thirty of this Act, the contributions shall be increased accordingly, but if the amount received by the Minister for Local Government in any financial year, from contri butions under this P a r t of this Act exceeds the expenditure based on the estimate for that financial year, then

t h e n t h e excess shall be t r e a t e d as a credit in favour of t h e e s t i m a t e d income of t h e e n s u i n g y e a r a n d the contributions reduced accordingly. (2) F o r the p u r p o s e s of subsection one of t h i s section a n y deficit or excess in respect of a n y financial y e a r shall be the deficit or excess as certified b y the Auditor-General. 3 6 . (1) Contributions p a y a b l e u n d e r this P a r t of this A c t shall become due a n d payable upon a s s e s s m e n t by t h e M i n i s t e r for Local G o v e r n m e n t a n d a n y such contribution n o t p a i d within sixty d a y s of the d a t e of a s s e s s m e n t shown on the a s s e s s m e n t notice shall, unless the Minister for Local Government otherwise d e t e r m i n e s , be increased by ten p e r centum of the a m o u n t of the c o n t r i b u t i o n payable. (2) Contributions or a n y p a r t thereof n o t p a i d by a n y i n s u r a n c e c o m p a n y o r council within n i n e t y d a y s of t h e d a t e of a s s e s s m e n t a n d all penalties i n c u r r e d in r e s p e c t thereof shall constitute a debt due a n d p a y a b l e to t h e Minister for Local Government a n d shall be recoverable in a n y court of competent jurisdiction by the M i n i s t e r for Local Government. 3 7 . (1) Moneys to the credit of the F u n d m a y be a p p l i e d in the E a s t e r n a n d C e n t r a l Divisions by the Colonial T r e a s u r e r in or t o w a r d s -- ( a ) the p u r c h a s e of fire fighting a p p a r a t u s of all kinds for bush fire b r i g a d e s formed or o r g a n i s e d u n d e r this Act, fire control officers or t h e t r u s t e e s of supervised p a r k s ; (b) the m a i n t e n a n c e of fire fighting a p p a r a t u s in the possession of or available to such bush fire b r i g a d e s , fire control officers or t r u s t e e s of supervised p a r k s ; (c) the erection a n d m a i n t e n a n c e of buildings for the s t o r a g e of fire fighting a p p a r a t u s of such bush fire b r i g a d e s , fire control officers or t r u s  tees of s u p e r v i s e d p a r k s ; ( d ) t h e construction a n d m a i n t e n a n c e s t o r a g e t a n k s a n d lookout t o w e r s ;
+ 8105--K

of

water
(e)

(e) the p u r c h a s e , m a i n t e n a n c e a n d s t o r a g e of r e s e r v e s of fire fighting a p p a r a t u s for use in any e m e r g e n c y ; (f) t h e p a y m e n t of salaries or allowances of fire control officers or inspectors a p p o i n t e d u n d e r this A c t ; (g) the p a y m e n t of such e x p e n d i t u r e by or on behalf of councils, b u s h fire b r i g a d e s , fire control officers or t h e t r u s t e e s of s u p e r v i s e d p a r k s for or in connection w i t h t h e p r e v e n t i o n , control or s u p p r e s s i o n of bush fires as i s a p p r o v e d by the M i n i s t e r for Local Govern ment ; (h) a n y m e a s u r e s generally for the p r e v e n t i o n , detection, control a n d s u p p r e s s i o n of bush fires including a e r i a l reconnaissance. (2) T h e Colonial T r e a s u r e r m a y p a y such m o n e y s out of the F u n d upon the certificate of the Minister for Local Government. (3) All fire fighting a p p a r a t u s , buildings, w a t e r s t o r a g e t a n k s or lookout t o w e r s p u r c h a s e d or c o n s t r u c t e d from moneys to the credit of t h e F u n d shall be v e s t e d in the council of the a r e a for or on behalf of which such a p p a r a t u s , buildings, w a t e r s t o r a g e t a n k s or lookout towers h a v e been p u r c h a s e d or constructed a s the c a s e may be: P r o v i d e d t h a t , in the case of a n y fire fighting a p p a r a  t u s , buildings, w a t e r s t o r a g e t a n k s or lookout t o w e r s p u r c h a s e d or constructed on behalf of the t r u s t e e s of a n y s u p e r v i s e d p a r k such a p p a r a t u s , buildings, w a t e r s t o r a g e t a n k s or lookout t o w e r s shall be vested in t h e t r u s t e e s of such s u p e r v i s e d p a r k . (4) A council or the t r u s t e e s of a n y s u p e r v i s e d p a r k shall n o t sell or otherwise dispose of a n y fire fighting a p p a r a t u s , buildings, w a t e r s t o r a g e t a n k s o r lookout t o w e r s p u r c h a s e d or constructed from m o n e y s to the credit of the F u n d w i t h o u t the consent in w r i t i n g of the M i n i s t e r for Local G o v e r n m e n t h a v i n g been first obtained. (5)

(5) T h e proceeds of the sale of a n y fire fighting a p p a r a t u s , buildings, w a t e r s t o r a g e t a n k s or lookout t o w e r s p u r c h a s e d or constructed from moneys to the c r e d i t of the F u n d shall be p a i d to the credit of the F u n d . 3 8 . (1) T h e M i n i s t e r for Local Government shall, a s soon a s practicable after the end of each financial y e a r , f u r n i s h to both H o u s e s of P a r l i a m e n t a r e p o r t u p o n the a d m i n i s t r a t i o n of the F u n d d u r i n g t h a t financial y e a r t o g e t h e r with a balance-sheet a n d s t a t e m e n t of receipts a n d e x p e n d i t u r e d u r i n g t h a t financial y e a r duly a u d i t e d by the A u d i t o r - G e n e r a l . (2) The Minister for Local Government shall as soon as practicable after such r e p o r t , balance-sheet a n d s t a t e m e n t have been furnished to P a r l i a m e n t as afore said, furnish to each council a n d each i n s u r a n c e c o m p a n y c o n t r i b u t i n g to the F u n d a t r u e copy of such r e p o r t , balance-sheet a n d s t a t e m e n t .

PART VII.
GENERAL.

3 9 . (1) T h e r e shall be constituted a B u s h F i r e Committee consisting of t w e n t y p e r s o n s which shall have a n d m a y exercise a n d discharge the p o w e r s , a u t h o r i t i e s , duties a n d functions conferred a n d imposed upon the Committee b y this Act. (2) T h e m e m b e r s of the Committee a n d the c h a i r m a n thereof shall be a p p o i n t e d by the Governor. Of the m e m b e r s so a p p o i n t e d : -- ( i ) one shall be a p e r s o n n o m i n a t e d by the F i r e a n d Accident U n d e r w r i t e r s ' Association of N e w S o u t h W a l e s as r e p r e s e n t a t i v e of such Associa tion ; (ii).

(ii) a t least one shall be a n officer of the Chief Secretary's Department; (iii) one shall be a n officer of the D e p a r t m e n t o f Local G o v e r n m e n t ; (iv) one shall be a p e r s o n n o m i n a t e d by the S h i r e s Association of New South W a l e s as r e p r e s e n  t a t i v e of such A s s o c i a t i o n ; (v) one shall be a p e r s o n n o m i n a t e d by the Associa tion of Local G o v e r n m e n t Clerks of New Souths W a l e s a s r e p r e s e n t a t i v e of such Association. (3) T h e p e r s o n s who, immediately before the commencement of this Act, w e r e the m e m b e r s of t h e B u s h F i r e s A d v i s o r y Committee shall, u p o n such commencement, be deemed to h a v e been a p p o i n t e d u n d e r this Act as m e m b e r s of the Committee. (4) A n y m e m b e r of the Committee m a y r e s i g n his office b y w r i t i n g u n d e r his h a n d a d d r e s s e d to t h e Governor. (5) Meetings of the Committee shall be h e l d from time to time on the requisition of the c h a i r m a n . (6) T h e r e shall be a S t a n d i n g Committee of t h e Committee consisting of the c h a i r m a n of the Committee a n d five o t h e r m e m b e r s elected by the Committee from a m o n g its m e m b e r s . T h e S t a n d i n g Committee shall meet a t least once each m o n t h . The c h a i r m a n of the Com m i t t e e shall be the c h a i r m a n of the S t a n d i n g Committee. (7) F o r the p u r p o s e s of sections twenty-eight a n d t h i r t y of this A c t t h e r e shall be constituted a sub committee of the Committee consisting of the c h a i r m a n a n d the m e m b e r s r e f e r r e d to in p a r a g r a p h s (i) (iii) a n d (iv) of subsection two of this section a n d w h e r e one m e m b e r is a p p o i n t e d u n d e r p a r a g r a p h (ii) of the s a i d subsection such m e m b e r or where m o r e t h a n one m e m b e r is so a p p o i n t e d such m e m b e r as the M i n i s t e r selects. T h e c h a i r m a n of the Committee shall be the c h a i r m a n of the sub-committee. (8) F i v e m e m b e r s shall constitute a q u o r u m of the Committee, f o u r m e m b e r s shall constitute a q u o r u m of the S t a n d i n g Committee a n d t h r e e m e m b e r s shall constitute a q u o r u m of the sub-committee.
(9)

(9) E a c h m e m b e r of the Committee shall be entitled to receive such t r a v e l l i n g or other expenses as t h e M i n i s t e r m a y d e t e r m i n e a n d such other fees a s m a y be prescribed. (10) A n y moneys p a y a b l e u n d e r subsection nine of this section shall be p a i d out of moneys p r o v i d e d by Parliament. (11) T h e provisions of t h e Public Service Act, 1902, a s amended b y subsequent Acts, shall not a p p l y to or i n respect of the a p p o i n t m e n t by the Governor of a n y m e m b e r of the Committee, a n d a n y member so a p p o i n t e d shall not, in his capacity a s such member, be subject to the provisions of such Act d u r i n g his t e r m of office. (12) The office of a m e m b e r of the Committee shall not for the p u r p o s e s of the Constitution Act, 1902, or a n y A c t a m e n d i n g or replacing t h a t Act, be deemed to be a n office or place of profit u n d e r the Crown. 40. (1) The Committee shall--

(a) furnish r e p o r t s a n d r e c o m m e n d a t i o n s upon a n y m a t t e r r e f e r r e d to it by the M i n i s t e r or the Minister for Local Government p u r s u a n t to this Act; (b) c a r r y out such functions of an a d v i s o r y or educational c h a r a c t e r as the Minister m a y direct; (c) before the t h i r t i e t h d a y of A p r i l in each y e a r furnish a r e p o r t to the Minister and the Minister for Local Government of the e s t i m a t e d d a m a g e from bush fires in New South W a l e s d u r i n g the p r e c e d i n g twelve m o n t h s t o g e t h e r with recom m e n d a t i o n s as to a n y special m e a s u r e s which should be a d o p t e d for the p u r p o s e of p r e v e n t i n g , controlling or s u p p r e s s i n g bush fires d u r i n g the year next ensuing; ( d ) in conjunction with councils foster a n d e n c o u r a g e the f o r m a t i o n or o r g a n i s a t i o n of bush fire b r i g a d e s a n d assist the Minister in the f o r m a t i o n or o r g a n i s a t i o n of bush fire b r i g a d e s in the Western Division;

(e)

(e) g e n e r a l l y take all practicable m e a s u r e s to educate p e r s o n s in the need for p r e v e n t i n g , s u p p r e s s i n g a n d controlling bush fires a n d m a k e r e c o m m e n d a t i o n s to the Minister, councils a n d other p e r s o n s a s to the best m e a s u r e s to be t a k e n for p r e v e n t i n g or extinguishing fires. (2) The Committee may-- ( a ) subject to the a p p r o v a l of the Minister, contract for the c a r r y i n g out of a e r i a l reconnaissance of the S t a t e or p a r t or p a r t s thereof for the detection of fire; (b) for the p u r p o s e of i m p r o v i n g the efficiency of bush fire b r i g a d e s a n d other fire fighting personnel, o r g a n i s e or conduct competitions a n d p r o v i d e prizes a n d certificates for p r e s e n t a t i o n to b r i g a d e s a n d competitors t h e r e a t . (3) A n y moneys p a y a b l e u n d e r this section shall be p a i d out of moneys p r o v i d e d by P a r l i a m e n t . 4 1 . A n y council, bush fire b r i g a d e formed or organised b y the Minister, fire control officer, or t r u s t e e s of a n y public r e s e r v e or p a r k , shall, a t such times a n d in such m a n n e r as the Committee m a y require, furnish to the Committee such i n f o r m a t i o n r e l a t i n g to bush fire b r i g a d e s o r other fire fighting personnel, fire fighting a p p a r a t u s of such bush fire b r i g a d e s o r p e r s o n n e l a n d such other m a t t e r s r e l a t i n g to the o r g a n i s a t i o n of such bush fire b r i g a d e s or p e r s o n n e l as the Committee m a y r e q u i r e . 4 2 . (1) M e m b e r s of the police force, public school t e a c h e r s , field officers of the D e p a r t m e n t s of L a n d s , A g r i c u l t u r e a n d Conservation, the F o r e s t r y Commission of N e w S o u t h W a l e s a n d of all P a s t u r e s P r o t e c t i o n B o a r d s , m e m b e r s a n d officers of councils, m e m b e r s of the Committee, inspectors of fisheries, a n d r a n g e r s a p p o i n t e d u n d e r the M e t r o p o l i t a n W a t e r , S e w e r a g e , a n d D r a i n a g e Act, 1924-1949, shall, by v i r t u e of their office, be fire p a t r o l officers a n d have the powers a n d a u t h o r i t i e s p r e s c r i b e d by this A c t or by the r e g u l a t i o n s . (2) T h e M i n i s t e r m a y by notice in the Gazette a p p o i n t h o n o r a r y fire p a t r o l officers who shall h a v e the p o w e r s a n d p e r f o r m the duties of fire p a t r o l officers. (3)

(3) All h o n o r a r y r a n g e r s a p p o i n t e d u n d e r the Careless Use of F i r e Act, 1912-1946, a n d holding office i m m e d i a t e l y before the commencement of this Act shall be d e e m e d to be h o n o r a r y fire p a t r o l officers u n d e r this A c t a n d shall have the p o w e r s a n d p e r f o r m the duties of fire p a t r o l officers. 4 3 . E v e r y fire p a t r o l officer is h e r e b y empowered w i t h o u t a n y let or h i n d r a n c e w h a t s o e v e r to e n t e r at any t i m e a n y l a n d a n d examine a n y fire in the open a i r which he h a s r e a s o n to believe h a s been lit or m a i n t a i n e d or used in c o n t r a v e n t i o n of this A c t or the r e g u l a t i o n s a n d do all o t h e r such acts a n d t h i n g s as he is r e q u i r e d to do by this Act a n d the r e g u l a t i o n s . 4 4 . (1) A n y person-- fire patrol officer may require any

(a) r e a s o n a b l y suspected to be offending a g a i n s t a n y of the provisions of this A c t or the regulations to give his n a m e in full a n d place of a b o d e ; (b) r e a s o n a b l y suspected to be offending a g a i n s t a n y of the provisions of this Act or the r e g u l a t i o n s to p r o d u c e a n y p e r m i t notice or other document by or u n d e r the a u t h o r i t y of which it is claimed by such p e r s o n t h a t a n y fire h a s been lit main tained or u s e d ; (c) who h a s lit a fire in c o n t r a v e n t i o n of the provisions of this Act or the r e g u l a t i o n s to extinguish such fire; (d) who h a s lit or used a fire in the open a i r to extinguish such fire before leaving it. (2) If such p e r s o n , after being so required, refuses to give his r e a l n a m e or place of abode o r gives a false or fictitious n a m e or place of abode or refuses to p r o d u c e a n y p e r m i t notice or other document or refuses to extinguish a n y fire, he shall be guilty of a n offence a g a i n s t this A c t a n d be liable for every such offence to a p e n a l t y n o t exceeding five p o u n d s . 4 5 . A fire p a t r o l officer shall p r o m p t l y notify outbreak of fire which comes to his notice t o -- any

(a) t h e owner or occupier of t h e land u p o n which such o u t b r e a k o c c u r s ; (b)

(b) the owners or occupiers of a n y lands which m a y be t h r e a t e n e d or e n d a n g e r e d by t h e s p r e a d of fire; (c) the n e a r e s t m e m b e r of the police force or a n y fire b r i g a d e o r bush fire b r i g a d e or o t h e r a u t h o r i t y whose d u t y it m a y be t o control or extinguish fires in the d i s t r i c t in which the o u t b r e a k occurs. 4 6 . (1) T h e Governor m a y a p p o i n t inspectors for the p u r p o s e s of this Act. (2) T h e duties of an inspector shall include-- (a) inspecting a n d r e p o r t i n g to the Minister a n d the M i n i s t e r for Local G o v e r n m e n t upon t h e fire fighting a p p a r a t u s of councils, bush fire b r i g a d e s , fire control officers a n d the t r u s t e e s of supervised p a r k s ; (b) i n v e s t i g a t i n g a n d verifying claims by councils, bush fire b r i g a d e s , fire control officers a n d the t r u s t e e s of s u p e r v i s e d p a r k s for p a y m e n t s from the F u n d ; (c) r e p o r t i n g from time to time to the Committee u p o n conditions of fire risk in a n y p a r t of the State; ( d ) s u b m i t t i n g to the Committee r e c o m m e n d a t i o n s a s to a n y special m e a s u r e s which, in the opinion of the inspector, should be a d o p t e d for the p u r p o s e of p r e v e n t i n g , controlling or s u p p r e s  sing b u s h fires. 4 7 . E x c e p t as in this Act otherwise expressly p r o v i d e d n o t h i n g in this Act a n d no conviction, p a y m e n t of p e n a l t y or p r o c e e d i n g taken u n d e r this Act shall take a w a y or affect a n y r i g h t of action or o t h e r r e m e d y a t common law or otherwise which a n y p e r s o n m a y h a v e i n r e s p e c t of a n y loss or d a m a g e caused by a n y b u s h or o t h e r fire to which this A c t r e l a t e s or for a n y t r e s p a s s committed. 4 8 . No proceedings w h e t h e r a t law or in equity shall lie or be m a d e or allowed by or in f a v o u r of a n y p e r s o n a g a i n s t the Crown, the Minister, the Minister for Local Government, a m e m b e r of the Committee, a council, a n officer or employee of the B o a r d of F i r e Commissioners of New South W a l e s or the F o r e s t r y Commission of N e w South

S o u t h W a l e s , a fire control officer, a fire p a t r o l officer, a captain, d e p u t y captain, g r o u p c a p t a i n or d e p u t y g r o u p c a p t a i n of a bush fire b r i g a d e , or a n y p e r s o n acting in t h e execution or intended execution of this Act in respect of a n y t h i n g done bona fide u n d e r a n d for the p u r p o s e s of this Act. 4 9 . Whosoever fails to do a n y act directed to be done or does a n y act forbidden to be done by or u n d e r this A c t or a n y regulation shall be guilty of a n offence a g a i n s t this Act. A n y p e r s o n who is guilty of an offence a g a i n s t this A c t shall where no o t h e r p e n a l t y is expressly p r o v i d e d be liable to a p e n a l t y n o t exceeding fifty p o u n d s or to i m p r i s o n m e n t for a t e r m not exceeding six m o n t h s or to both such p e n a l t y a n d i m p r i s o n m e n t . 5 0 . Whosoever, w i t h o u t lawful a u t h o r i t y , d e s t r o y s , defaces or removes a n y notice displayed u n d e r t h i s A c t or the r e g u l a t i o n s or u n d e r the a u t h o r i t y of the Minister or the Committee or a council or a n y public a u t h o r i t y in p u r s u a n c e of this Act shall be guilty of a n offence a g a i n s t t h i s Act a n d shall be liable to a p e n a l t y not exceeding ten p o u n d s . 5 1 . (1) W h e r e a bush fire is b u r n i n g on a n y land a n d such bush fire or a n y p a r t thereof is within five miles of a n a t i o n a l forest, S t a t e forest, timber r e s e r v e or flora r e s e r v e u n d e r the F o r e s t r y Act, 1916-1949, or a n y other Act, a n y officer of the F o r e s t r y Commission of New S o u t h W a l e s or a n y p e r s o n or p e r s o n s a u t h o r i s e d by t h a t Commission in t h a t behalf m a y enter upon such l a n d o r upon a n y l a n d s i t u a t e d between such land a n d such n a t i o n a l forest, S t a t e forest, t i m b e r r e s e r v e or flora r e s e r v e , with such vehicles and fire fighting a p p a r a  tus a s m a y be r e a s o n a b l y n e c e s s a r y for the p u r p o s e of extinguishing or a s s i s t i n g to extinguish such fire, a n d m a y do all such acts, m a t t e r s a n d t h i n g s as a r e r e a s o n a b l y n e c e s s a r y to extinguish such fire or to prevent, the s p r e a d thereof. (2) A n y d a m a g e to p r o p e r t y caused b y a n y p e r s o n p u r p o r t i n g bona fide to exercise a n y p o w e r conferred by or u n d e r this section shall be deemed to be d a m a g e b y fire within the m e a n i n g of a n y policy of insurance a g a i n s t fire covering the p r o p e r t y so d a m a g e d . (3)

(3) A n y provision, stipulation, covenant o r condition in a n y a g r e e m e n t which negatives, limits o r modifies or p u r p o r t s to negative, limit or modify the o p e r a t i o n of subsection two of this section shall be void a n d of no effect. 5 2 . W h e r e a fire (not being a fire or p a r t of a fire lit u n d e r the a u t h o r i t y of this A c t or a n y other Act) is b u r n i n g on a n y land a t a n y time d u r i n g a bush fire d a n g e r p e r i o d applicable to such land the occupier of such l a n d shall, immediately u p o n becoming a w a r e of such fire a n d w h e t h e r he h a s lit or caused t h e same t o be lit o r not, take all possible steps to extinguish such fire and, if he is unable w i t h o u t assistance to extinguish t h e same a n d a n y practicable m e a n s of communication a r e available, shall, where practicable without leaving t h e fire u n a t t e n d e d , inform or cause to be informed-- (a) where the fire is b u r n i n g within a n y fire district constituted u n d e r the F i r e B r i g a d e s Act, 19091949,--the n e a r e s t available officer or fireman of the fire b r i g a d e s in such d i s t r i c t ; (b) w h e r e the fire is b u r n i n g outside a n y such fire d i s t r i c t -- t h e n e a r e s t available captain or d e p u t y c a p t a i n or m e m b e r of a bush fire b r i g a d e or fire control officer or fire p a t r o l officer or officer of t h e F o r e s t r y Commission of N e w S o u t h Wales, of the existence a n d locality of such fire.

5 3 . (1) A n y of the following p u r p o s e s shall be deemed to be a g e n e r a l p u r p o s e w i t h i n the m e a n i n g of subsection two of section one h u n d r e d and seven of the Local G o v e r n m e n t Act, 1919, a s a m e n d e d by subsequent Acts-- (a) the p u r c h a s e , d i s t r i b u t i o n , m a i n t e n a n c e a n d s t o r a g e of fire fighting a p p a r a t u s for the p r e  vention, control a n d s u p p r e s s i o n of b u s h a n d o t h e r fires; (b) the o r g a n i s i n g of bush fire b r i g a d e s a n d such m a t t e r s as a r e r e l e v a n t t h e r e t o , including the establishment of fire s t a t i o n s a n d fire control centres;

(c)

(c) the establishment a n d m a i n t e n a n c e of fire breaks; (d) the removal or destruction of inflammable matter; (e) the t a k i n g of m e a s u r e s generally for the p r e v e n  tion, control or s u p p r e s s i o n of bush fires. (2) F o r the p u r p o s e s of section one h u n d r e d a n d twenty of the Local G o v e r n m e n t Act, 1919, a s a m e n d e d by subsequent Acts, a n y w o r k r e l a t i n g to the p r e v e n t i o n a n d s u p p r e s s i o n of bush a n d o t h e r fires shall be deemed to be a p u r p o s e which m a y be lawfully u n d e r t a k e n b y a council and in respect of which special r a t e s m a y be m a d e a n d levied by a council. 5 4 . I t shall be the d u t y of the council of a n y a r e a or a n y public a u t h o r i t y to take all practicable s t e p s to p r e v e n t the occurrence of fires on a n d to minimise the d a n g e r of the s p r e a d of fires on or from-- ( a ) a n y l a n d v e s t e d in or u n d e r its control or m a n a g e m e n t ; or (b) a n y highway, road, street, lane or thorough fare, the m a i n t e n a n c e of which is c h a r g e d upon such a u t h o r i t y or council. 5 5 . (1) I t shall be the d u t y of officers and m e m b e r s of the police force to s u p p o r t the a u t h o r i t y of a c a p t a i n or d e p u t y c a p t a i n of a bush fire b r i g a d e or a g r o u p c a p t a i n or d e p u t y g r o u p c a p t a i n of bush fire b r i g a d e s or a fire control officer a n d to assist him a n d a n y p e r s o n a c t i n g u n d e r his directions in enforcing compliance with a n y directions given in p u r s u a n c e of this A c t or any regulation. (2) A n y p e r s o n who obstructs a n y c a p t a i n or d e p u t y c a p t a i n of a bush fire b r i g a d e or a g r o u p c a p t a i n o r d e p u t y g r o u p c a p t a i n of bush fire b r i g a d e s or a fire control officer o r a p e r s o n a c t i n g u n d e r his directions shall be liable to a p e n a l t y n o t exceeding ten p o u n d s . 5 6 . (1) E x c e p t where otherwise expressly p r o v i d e d or allowed a n y notice or direction r e q u i r e d by this Act to be given to a n y owner, occupier, or o t h e r p e r s o n m a y be given a s p r o v i d e d in this section. (2)

(2) T h e notice or direction m a y he given-- (a) personally; or (b) by delivering the same a t or on the p r e m i s e s a t which the p e r s o n to whom the notice or direction is to be given lives or c a r r i e s on business, a n d leaving the same with a n y p e r s o n a p p a r e n t l y above t h e age of fourteen y e a r s r e s i d e n t or employed t h e r e a t ; or (c) by p o s t i n g the notice or direction b y p r e p a i d letter a d d r e s s e d to the last known place of abode or business of the p e r s o n to whom the notice or direction is to be given. 5 7 . (1) T h e G o v e r n o r m a y m a k e regulations n o t inconsistent with this A c t p r e s c r i b i n g all m a t t e r s which by t h i s A c t a r e r e q u i r e d or p e r m i t t e d to be p r e s c r i b e d or which a r e n e c e s s a r y or convenient to be p r e s c r i b e d for c a r r y i n g out or giving effect to t h i s Act. (2) I n p a r t i c u l a r a n d w i t h o u t limiting t h e g e n e r a l i t y of the p o w e r conferred by subsection one of this section the Governor m a y m a k e regulations with respect t o : -- (a) the method of establishing fire b r e a k s on rail w a y lands and, if such b r e a k s a r e to be estab lished by b u r n i n g , the times a t which a n d the conditions u n d e r which such b r e a k s m a y be burned; ( b ) the conditions u n d e r which fires for or in con nection with charcoal or lime b u r n i n g or for the distillation of eucalyptus or other oils or for the d e s t r u c t i o n of the w a s t e p r o d u c t s of such o p e r a  tions m a y be lit, m a i n t a i n e d or u s e d ; (c) the conditions u n d e r which fires for the p u r p o s e of cooking, h e a t i n g or p r e p a r i n g meals or boil i n g w a t e r or for a n y like p u r p o s e m a y be lit, m a i n t a i n e d or u s e d ; ( d ) the use of p h o s p h o r u s or o t h e r p r e p a r a t i o n s for the e x t e r m i n a t i o n or s u p p r e s s i o n of n o x i o u s weeds or a n i m a l s ; (e)

(e) the conditions under which fires may he lit, maintained or used for or in connection with the taking of honey from heehives or in honey houses or apiaries; (f) the conditions under which fires may be lit, maintained or used for or in connection with saw-mill operations; (g) the use or operation of producer-gas units and the precautionary measures to be taken to pre vent fires resulting from the use or operation of the same; (h) the use of appliances on and the precautionary measures to be adopted by persons driving or controlling-- (i) a traction engine; or (ii) an engine used for any agricultural purpose and in which wood, coal or coke fuel is burned; (iii) a motor tractor, steam tractor or power driven harvester or portable or other engine; (iv) an engine used on any railway line or tram line, in order to prevent the escape of dangerous sparks or burning or incandescent material from any such engines; (i) approved fire appliances for use in connection with any traction engine or engine used for any agricultural purposes and in which wood, coal or coke fuel is burned or any motor tractor, steam tractor, power driven harvester or port able or other engine or any engine used on any railway line or tram line; (j) the terms and conditions of employment of any fire control officer; (k) the storage in areas outside fire districts of any inflammable matter; (1) the records to be kept and the procedure to be followed at meetings of the Committee; (m)

(m) the p o w e r s , a u t h o r i t i e s , duties a n d functions of captains, deputy captains, group captains or d e p u t y g r o u p c a p t a i n s of b u s h fire brigades, fire control officers, or fire p a t r o l officers; (n) conditions u n d e r which fires m a y be lit, main t a i n e d or used for the destruction of a n y house hold or g a r d e n refuse or rubbish or for a n y like purpose; (o) conditions u n d e r which fires m a y be lit, main t a i n e d or used for the d e s t r u c t i o n of the carcases of a n i m a l s ; (p) the f o r m of p e r m i t s , notices, a d v e r t i s e m e n t s a n d notifications, issued by councils u n d e r this Act; (q) the r e g i s t r a t i o n by councils of bush fire b r i g a d e s a n d the m e m b e r s of such b r i g a d e s ; ( r ) the keeping by councils a n d the t r u s t e e s of supervised p a r k s of records of the fire fighting a p p a r a t u s of such councils or t r u s t e e s ; (s) the p r e s c r i b i n g of constitutions a n d rules f o r bush fire b r i g a d e s ; ( t ) the classification of substances as inflammable matter. (3) A regulation m a y be m a d e to a p p l y or to h a v e o p e r a t i o n t h r o u g h o u t the whole or a n y p a r t of the S t a t e , m a y be of g e n e r a l or specially limited application accord i n g to time, place or circumstances, a n d m a y be g e n e r a l o r r e s t r i c t e d to a n y specified class or subject-matter. (4) Such r e g u l a t i o n s shall-- (a) be published in the G a z e t t e ; (b) take effect from the date of publication or from a l a t e r d a t e to be specified in such r e g u l a t i o n s ; (c) be laid before both H o u s e s of P a r l i a m e n t within fourteen s i t t i n g d a y s after publication if P a r l i a  m e n t is in session and, if not, then within four teen s i t t i n g d a y s after the commencement of t h e next session. If either H o u s e of P a r l i a m e n t p a s s e s a resolution of which notice h a s been given a t a n y time within fifteen s i t t i n g d a y s a f t e r such r e g u l a t i o n s have been laid before such

such H o u s e disallowing a n y regulation o r p a r t thereof, such r e g u l a t i o n or p a r t shall t h e r e u p o n cease to h a v e effect. 5 8 . (1) T h e Local G o v e r n m e n t Act, 1919, as a m e n d e d by subsequent Acts, is a m e n d e d by o m i t t i n g from sub section one of section 495A the w o r d s " o r a d a n g e r o u s menace from fire.'' (2) T h e W o r k e r s ' C o m p e n s a t i o n Act, 1926-1948, is amended by o m i t t i n g from section 17B the definition of " B u s h fire b r i g a d e " a n d by i n s e r t i n g in lieu thereof the following definition:-- " B u s h fire b r i g a d e " m e a n s a n y b u s h fire b r i g a d e formed or o r g a n i s e d u n d e r the B u s h F i r e s Act, 1949.
SCHEDULE. Number of Act. Name of Act. Extent of repeal.

No. 28, 1912 . . Careless Use of Fire" Act, The whole. 1912. No. 41, 1919 . . Local Government Act, Paragraph (a) of sub section one and sub 1919. sections four, five, six, seven and eight of section 491. Section 495. Paragraphs (r) and (s) of section 513. No. 14, 1930 . . Bush Fires Act, 1930 . . The unrepealed tion. por

No. 41, 1932 . . Local Government (Bush The whole except so much of paragraph Fires) Amendment Act, (c) of subsection one 1932. of section 2 as in serts paragraph (t) in section 513 of the Local Government Act, 1919. No. 54, 1946 Economic Stability and Part VI. War-time Provisions Continuance Act, 1946.

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