CGAM010.2/09/10
PROCEDURES MANUAL
OFFENCES AGAINST
THE BUSHFIRES ACT 1954
Compiled by Serpentine Jarrahdale
Emergency Services Department
May 2010
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Contents Process of Infringement ........................................................................................ 5 Legal right to act as Fire Control Officer ............................................................... 5 Evidence gathering ............................................................................................... 7 What evidence needs gathering............................................................................ 7 Bush Fire Act Infringement Evidence Form .......................................................... 6 What is not admissible in court ........................................................................... 10 The infringement decision ................................................................................... 10 Advise the owner/occupier/permit holder ............................................................ 10 Permit to burn notices ......................................................................................... 10 Fines, Fees and Charges .................................................................................... 10 Bushfire Fires Act Penalties ............................................................................... 13 Serpentine Jarrahdale Shire Fees and Charges ................................................. 17 Pertinent sections of the Bushfire Fires Act. ....................................................... 18 3
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Process for
Investigation
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Legal right to act as Fire Control Officer
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As a member of a bush fire brigade attending the above you need to be aware
that in the absence of a fire control officer (FCO), the FCO’s authority is devolved
to the next senior member of the brigade who is in attendance, all the way down
to the most recent recruit. See Section 39A(2) Bush Fires Act 1954 (page 18 ).
Evidence gathering
Besides your normal activities involved around fire suppression activities you
need also to collate facts to provide a report (Bush Fire Investigation Evidence
Form) to council so that compliance regarding illegal burns and permit burns that
get out of hand are dealt with in accordance with the emergency services
department procedure.
NOTE:
Evidence gathering should always be done in manner that does
not lead to confrontation or aggression and in a manner so that the safety
of the attending resources is the most important issue.
What evidence needs gathering. You will need to make contemporaneous (at the time or very shortly afterwards)
notes/records of all of the below facts and any others you may see as pertinent to
the incident;

Time, day, date, weather conditions such as FDI, temp, RH, wind speed &
direction, vegetation types and density, persons, non brigade vehicles and
equipment present.

What you have seen, heard, smelt, felt or tasted is evidence and if
pertinent should be recorded.

This may also include gathering physical evidence, documentary evidence
or photographic/audio evidence (including sighting and reading the
conditions on the permit).
Admissions made to you by anyone present
‘mens rea’ (prior or guilty knowledge of wrong doing) evidence made by
any alleged offender is especially useful.

Attending brigade resources (vehicles, equipment & personnel) including
all logged times should be contained within the normal fire report.

Finally certifying your evidence by your signature and that of other brigade
members or bystanders gives added weight to your evidence, also should
they ever need to be used in a court of law they are eligible to be used to
aid your memory if required.
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BUSHFIRE INVESTIGATION EVIDENCE FORM
Incident No:
Location:
Date:
Day:
Time:
FDI:
Temperature:
RH:
Other:
Weather Conditions:
Wind Speed (kmp)
Wind direction
Vegetation type
Vegetation density
Permit required
Yes No
Did the alleged offender
extinguish fire on
Yes No
request
Permit sited
Yes No
Time of request:
Person’s at incident
Address of person at
incident
Non brigade vehicle(s)
at location
Registration
Make of
Vehicle
Accelerant sighted eg
petrol diesel, kero
Non brigade equipment
at location
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What you have seen,
heard, smelt, felt or
tasted
Physical evidence
collected.
Combatant vehicles
No
Hours
No
Reconnaissance
Vehicle
Light Tanker or
equivalent
1.4 Tanker
Specialist Equipment
Vehicle
Pumper Vehicles
2.4 Tanker
Air support equipment
3.4 Tanker
4.4 Tanker
Hours
Incident Control Vehicle
Earthmoving and general
equipment
Any other equipment,
personnel or items
Bulk Water Tanker
Officer In Charge
Rank
Signature of OIC
Date
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What is not admissible in court
Hearsay evidence is not ‘your’ evidence so anything purported to have been said
or done by an alleged offender by someone else is not your evidence, you may
record it for evidential purposes so that a witness statement from that person
who witnessed it may be sought later by the case officer.
The infringement decision
The bushfire investigation evidence form will allow consideration to be given as
whether council should caution or prosecute the alleged offender(s) in
accordance with its procedures and policies.
Advise the owner/occupier/permit holder
Advise the owner/occupier/permit holder of the requirement of S22 & S43 of the
Bushfires Act, that being to notify the Fire Control Officer of the escape and to
completed and send to council a written ‘Notification of bush fire and losses
cause ‘. Advise them that Council notification has to be within seven days or an
offence is committed. S22 & S43 are listed on page
Permit to burn notices
It is crucial to this process that the Permit to Burn be constructed so as to leave
little doubt as to the requirements, circling requirements, writing yes or no or
placing the tick in the box correctly makes it easier to understand and then the
copy is always correct, so putting lines under or through words is quite often
different on the second copy to the first and this doesn’t help if we then produce it
in court if it appears that the line is through something rather than emphasising it
and you cannot rely on an offender producing their original. It is very helpful if
you have their mobile and/or home number on the permit.
Fines, Fees and Charges
If a brigade (or multiple resources), attend an illegal or uncontrolled burn or false
alarm there is an opportunity for council to recover costs through its schedule of
fees and charges. Currently the procedure is that it will only be applied to
persistent offenders or where the alleged offender shows no contrition or
remorse.
The current schedule shown below for your information only. These are currently
being reviewed, however, it is unlikely that the actual costs will change but the
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administration charges are set to be downsized to a more realistic figure. The
application of all fines, fees and charges or waiver thereof is the prerogative of
council.
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Bushfire Fires Act Penalties
Item Section
1
2
3
Section 17 (12)
Section 18
Section 22(3)(a)
4
Section 22(3)(b)
5
6
6A
6B
6C
6D
Section 24B(3)(a)
Section 24B(3)(b)
Section 24D
Section 24E
Section 24F
Section 24G
7
8
9
10
11
Section 25
Section 25A(4)
Section 25A(7)
Deleted
Section 26
12
Section 12A
13
Section 27(1)
Description
BUSH FIRES ACT 1954
Setting fire to bush during prohibited times
Offences relating to burning bush
Failure to notify and obtain approval of local government before setting to bush
on land adjoins exempt land.
Failure to prepare a firebreak in accordance with section 22(3)(b) before setting
fire to bush on land adjoin exempt land
Failure to produce a permit to burn
Failure or refusal to identify person who issued permit to burn
Burning garden refuse when fire danger is extreme or very high
Burning garden refuse at rubbish tip contrary to notice
Burning garden refuse during limited burning times
Burning garden refuse contrary to Ministerial or local government prohibition or
restriction
Offences relating to lighting of fires in open air
Failure to observe and carry out the conditions of an exemption from section 25
Lighting a fire contrary to a notice issued under 25A(5) by a local government
Failure to carry out burning of proclaimed plants or refuse thereof in accordance
with the regulations
Failure to carry out burning of declared plants or refuse thereof in accordance
with the regulations
Offences relating to the operation of tractors, or self propelled harvesters,
engines, machinery and vehicles during the prohibited and restricted burning
time
Penalty
$
250
250
250
250
100
100
250
1000
250
250
250
250
250
250
250
250
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14
Section 27(5)
15
16
17
18
19
20
21
Section 27B(1)
Section 27C(1)
Section 27D(2)
Section 27D(3)
Section 28(1)
Section 30
Section 33(3)
22
Section 46(2)
23
24
25
Section 47
Section 56(3)
Section 57
26
Regulation 15(2)
27
Regulation 15B(1)
28
29
30
31
32
33
34
Regulation 19A(1)
Regulation 19A(2)
Regulation 19A(3)
Regulation 21
Regulation 21B(2)
Regulation 22
Regulation 22B(1)
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Regulation 22B(2)
Operation of a tractor or self propelled harvester without a fire extinguisher
contrary to a notice issued by a local government
Giving a false alarm of fire
Vandalism
Offences related to carriage of incendiary material in a motor vehicle
Offences relating to the depositing of incendiary material
Failure of occupier of land to extinguish a bush fire burning on that land
Offences relating to the disposal of cigarettes, cigars and matches
Failure of owner or occupier of land to comply with a notice requiring him to take
action to plough or clear firebreaks or take other action to prevent the outbreak
or spread of bush fire
Lighting fire contrary to section 46 or failing to carry out directions of bush fire
control officer, local government officer or forest officer
Lighting a firebreak without direction while bush fire burning
Refusal to state name and abode or state false name and abode
Obstruction
BUSH FIRES REGULATIONS 1954
Applying to another bush fire control officer for permit where permit already
refused or granted subject to special conditions
Failure to comply with conditions in regulation 15B in relation to the burning of
the bush
Failure to deliver prescribed notice of intention to burn clover
Burning clover in an area or at a time other than that specified in a permit
Failure to have 3 men in attendance during the burning of clover
Burning clover contrary to conditions or requestions specified in a permit
Burning clover contrary to a direction given by a bush fire control officer
Failure to notify or report the escape of a fire lit under permit
Offences relating to burning under section 24A of the Act in certain parts of the
State
Failure to comply with a requisition of a bush fire control officer relating to
burning under section 24A of the Act
250
250
250
250
250
250
100
250
250
250
100
250
250
250
250
250
250
250
250
250
250
250
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36
37
38
Regulation 23(1)&(3)
Regulation 37A
Regulation 38
39
Regulation 38A(3)
40
Regulation 38A(4)
41
Regulation38B(3)(a)
42
Regulation 38B(3)(b)
43
44
45
46
47
47A
47B
48
49A
Regulation 38C(3)
Regulation 39
Regulation 39A
Regulation 39B
Regulation 39C
Regulation 39CA(3)
&4
Regulation 39CA(5)
Regulation 39D(1)
Regulation 39D(2)
49B
49B
50
Regulation 39E(2)
Regulation 39E(3)
Regulation 43(1)
51
Regulation 44(a)
Offences relating to charcoal burning
Offences relating to operation of bulldozer or road grader
Operating harvester machine or header during prohibited times or restricted
burning times without fire extinguisher
Operating or using engines, vehicles, plant or machinery contrary to notice or
direction
Failure to provide plough or other machinery or equipment when required by
local government
Operating any power saw, bag loader or other plant or equipment activated by
an internal combustion engine contrary to harvest ban
Failure to fit spark arrester to power saw, bag loader or other plant or
equipment
Operating harvesting machine or header when prohibited
Offences relating to operations of chaff cutting plants
Offences relating to operation of motor vehicles
Offences relating to operation of aeroplanes
Offences related to operation of welding and cutting apparatus
Offences relating to operation of bee smoker devices
Failure to comply with directions of bush fire control officer
Offences relating to use explosives
Failure to comply with direction of bush fire control officers as to use of
explosives
Offences relating to the use of fire works
Failure to comply with the directions of a bush fire control officer
Failure to give prescribed notification to local government regarding to
occurrence of a bush fire
Failure by owner or occupier of land to give prescribed notice of intention to
exercise powers conferred by section 34 of the Act
250
250
250
500
250
250
250
500
250
250
250
250
250
250
250
250
250
250
100
250
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Serpentine Jarrahdale Shire Fees and Charges
In accordance with the Bush Fires Act, Fire Brigades Act, & FESA Act, the
following fees and charges shall apply to emergency vehicles and equipment,
responses and charges to be applied for reimbursement of expenses to deal with
an incident.
Resource
Charge
Additional
Deliberate False alarm
$250 Plus vehicle equipment costs &
Bushfires Act penalty
Direct Brigade Alarm –
$250
False alarm
Call out to illegal burn
$250 Plus vehicle equipment costs &
Bushfires Act penalty
Reconnaissance Vehicle
$50 per hour Plus administration fee
Light Tanker or equivalent
$75 per hour Plus administration fee
1.4 Tanker
$110 per hour
2.4 Tanker
$250 per hour Plus administration fee
3.4 Tanker
$250 per hour Plus administration fee
4.4 Tanker
$250 per hour Plus administration fee
Bulk Water Tanker
$290 per hour Plus administration fee
Specialist Equipment
$500 per hour Plus administration fee
Vehicle
Pumper Vehicles
$500 per hour Plus administration fee
Incident Control Vehicle
$500 per hour Plus administration fee
Air support equipment
Cost Plus administration fee
Earthmoving and general
Cost Plus administration fee
equipment
Any other equipment,
Cost Plus administration fee
personnel or items
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Pertinent sections of the Bushfire Fires Act.
14. Members of the Authority and other persons may enter land or
buildings for purposes of the Act
(1)
A member of the Authority, an officer who is authorised by the Authority so
to do, a bush fire liaison officer and a bush fire control officer, appointed in
accordance with the provisions of this Act, and, subject to the proviso to
this section, 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.
Provided that 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 paragraphs (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.
15B. Obligations of permit holder
(1)
Subject to the Act a person who has obtained a permit to burn the bush
under section 18 of the Act (in this regulation called “the permit holder”)
shall comply with the conditions set out in this regulation in relation to the
burning of the bush.
(2)
The permit holder shall give notice of his intention to burn the bush upon
land, or upon a part of land, to —
(a)
the chief executive officer or a bush fire control officer of the local
government in whose district that land is situated;
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(b)
(c)
(d)
the owner or occupier of all land adjoining that land;
a forest officer if the bush is situated within 3 kilometres of forest
land; and
an officer or employee of each notifiable authority (if any), being an
officer or employee who is apparently authorised to accept that
notice.
(3)
The period of notice required under sub regulation (2) shall not be —
(a)
more than 28 days; or
(b)
less than 4 days unless the notice is given verbally in which case
the minimum period of notice may be determined by mutual
agreement.
(4)
Notice required to be given to an owner, occupier or other person under
sub regulation (2) may be given by any of the following methods —
(a)
by verbal communication or in writing as will ensure (except in the
case mentioned in paragraph (c)) that every owner, occupier or
other person is made aware of the intention to burn and the date
and time thereof; or
(b)
by delivering it at the premises on which the person to whom notice
is to be given lives or carries on business or by leaving it with a
person who is apparently over the age of 16 years who resides or is
employed on the premises; or
(c)
in the case of an owner or occupier of adjoining land who is not at
the time residing on the adjoining land by posting, not less than 8
days prior to the first day on which it is intended to burn the bush,
the notice by prepaid letter addressed to the last known place of
abode or business of the owner or occupier.
(5)
A notice given under sub regulation (2) shall contain full particulars of the
locality where the bush proposed to be burnt is situated.
(6)
Before setting fire to the bush the permit holder shall arrange for and
provide, in order to assist in keeping the fire under control and preventing
it from spreading beyond the land on which the burning is to take place, at
least 3 able-bodied persons who shall be constantly in attendance at the
fire from the time it is lit until no burning or smouldering fuel is within 30
metres of the perimeter of the firebreak surrounding the burnt area or, if
there is no such firebreak, within 30 metres of the perimeter of the burnt
area.
(7)
Where for any day, or any period of a day, specified in a notice given
under sub regulation (2) the fire danger forecast issued by the Bureau of
Meteorology in Perth in respect of the locality where the bush proposed to
be burnt is situated is either “very high” or “extreme” (or above), the permit
holder shall not burn the bush in the locality on that day or during that
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period but may burn the bush in the locality on the first day next following
that day or that period on which the fire danger forecast issued by the
Bureau of Meteorology is below “very high”.
(8)
The permit holder shall not light a fire to burn the bush on a Sunday if the
burning of bush on Sundays is for the time being prohibited in the district
in which the bush is situated pursuant to regulation 15C(1).
No burning in Serpentine Jarrahdale on Sundays
(9)
The permit holder shall not light a fire to burn the bush on a day that is a
public holiday in the district in which the bush is situated if the burning of
the bush on that day is for the time being prohibited in that district
pursuant to regulation 15C(2).
No burning in Serpentine Jarrahdale on Public Holidays
18.
Restricted burning times may be declared by Authority
(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.
22. Permit holder to report escape of fire
In the event of any fire escaping beyond the boundaries of the area in respect of
which a permit to burn has been granted, the holder of the permit shall, if
possible, immediately notify the nearest bush fire control or authorised officer and
within 24 hours of the suppression of the fire shall report in full the circumstances
causing the escape to the authorised officer by whom the permit was granted.
See also Section 43
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24B. Production of permit to burn may be required
(1)
An officer of the Authority authorised by the Authority 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.
27b. False alarms
(1)
A person who, knowing it is false, gives a false alarm of fire to a member,
employee or agent, of the Authority, or of a local government, or to a
member of a bush fire brigade, or to a bush fire liaison officer, bush fire
control officer, or authorised CALM Act officer employed in connection with
any forest, commits an offence.
Penalty: $5 000.
(2)
A court convicting an offender of an offence of giving a false alarm of fire
against subsection (1), may assess the amount of any expenses
needlessly incurred by the Authority or any local government, bush fire
brigade, or other body or person, as a result of the false alarm, and order
the offender to pay the amount so assessed to the authority, brigade,
body, or person by which or by whom the expenses were so incurred, in
addition to or without imposing a penalty on the offender.
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28. Occupier of land to extinguish bush fire occurring on his land
(1)
(a)
(b)
Where a bush fire is burning on any land —
(i)
at any time in any year during the restricted burning times; or
(ii)
during the prohibited burning times,
and the bush fire is not part of the burning operations being carried
on upon the land in accordance with the provisions of this Act, the
occupier of the land shall forthwith, upon becoming aware of the
bush fire, whether he has lit or caused the same to be lit or not,
take all possible measures at his own expense to extinguish the
fire.
Where he requires assistance for the purpose he shall if
practicable, without leaving the fire unattended, inform or cause to
be informed the nearest available bush fire control officer, or bush
fire brigade officer, of the existence and locality of the fire.
(2)
For the purposes of this section, a fire lit before the commencement of a
period of prohibited burning times relating to the district where the fire is
situated, and which is still burning at the commencement of those
prohibited burning times, is to be regarded as being a bush fire which is
not part of the burning operation being carried on upon the land in
accordance with the provisions of this Act.
Penalty: $10 000.
(3)
Where the occupier of the land upon which a bush fire is burning fails to
take measures to extinguish it as required by subsection (1), a bush fire
liaison officer, a bush fire control officer of any local government or an
authorised CALM Act officer employed in connection with any forest land
which is within 3 kilometres of the land where the fire is burning may enter
upon the land where the fire is burning and take all proper measures to
extinguish it.
(4)
(a)
(b)
In so far as the measures taken by the bush fire liaison officer,
bushfire control officer or authorised CALM Act officer are
necessitated by reason of the failure of the occupier of the land to
comply with subsection (1), any expenses incurred by the bush
fire liaison officer, bush fire control officer or authorised CALM Act
officer, in taking measures to extinguish the fire, shall be a debt
owing by the occupier of the land to the Authority, local government
or CALM Act CEO, respectively
The Authority, local government, or CALM Act CEO, as the case
may be, may recover the expenses from the occupier in any court
of competent jurisdiction.
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35A. Interpretation
In this Division, and in section 41 —
“bush fire” means a fire or potential fire, however caused, and includes a fire in
a building;
“loss or damage” does not include loss or damage that is caused by or results
from theft, reasonable wear or tear, mechanical or electrical breakdown, failure or
breakage;
“normal brigade activities” means the following activities when carried out by a
volunteer fire fighter —
(a)
the prevention, control or extinguishment of bush fires;
(b)
any act or operation at or about the scene of a bush fire, or in
connection with a bush fire, which is necessary for, directed towards,
or incidental to, the control or suppression of the fire or the prevention
of spread of the fire, or in any other way necessarily associated with
the fire including travelling and support services such as meals and
communication systems;
(c)
any bush fire prevention activity including the burning, ploughing or
clearing of fire-breaks or any other operation, including but without
order to comply with a notice given under section 33(1) or a local
law made under section 33(5a);
(d)
demonstrations, exercises, fundraising, promotions, public
education, competitions or a training process for volunteers;
(e)
examination, preparation, maintenance, adjustment or repair of any
vehicle, equipment, building or thing used or intended to be used by
a bush fire brigade for the purpose of fighting fires or for carrying
out fire prevention operations including activities associated with
administration of a bush fire brigade;
(f)
travelling in aircraft for the purposes of inspection of fire-breaks, fire
hazards and bush fires;
(g)
erection, removal or maintenance of radio masts used for fire
related purposes;
(h)
attending an incident where the skills of a volunteer fire fighter or
the operation of fire fighting equipment may reduce or remove a
perceived threat to life or property;
(i)
attending an incident subsequently found to be a false alarm;
“volunteer fire fighter” means a bush fire control officer, a person
who is a registered member of a bush fire brigade established
under this Act or a person working under the direction of that officer
or member.
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39A. Duties of bush fire authorities on outbreak of fire
(1)
On the outbreak of a bush fire at a place within or adjacent to the district
of a local government, the bush fire control officers, bush fire brigade
officers, or bush fire brigade members, of the local government, or as
many of them as may be available may, subject to this Act, take charge
of the operations for controlling and extinguishing the bush fire or for
preventing the spread or extension of the fire.
(2)
Where a bush fire to which this section applies occurs, if a bush fire
control officer, bush fire brigade officer, or member of a bush fire brigade,
of the local government in whose district the bush fire is burning is not
present at the fire, a bush fire control officer, a bush fire brigade officer,
or member of a bush fire brigade, of a local government whose district is
adjoining or adjacent, may exercise in respect of the bush fire, all powers
and authorities of a bush fire control officer of the local government in
whose district the fire is burning.
(3)
This section applies only to bush fires which —
(a) have been lit or are maintained unlawfully;
(b) have occurred accidentally;
(c) have ceased to be under control or are not adequately controlled;
or
(d) are declared in the regulations to be bush fires to which this
section applies.
43. Notification of bush fires and losses caused
(1)
The owner or occupier of land shall within 7 days of the occurrence of a
bush fire on the land, send to the local government in whose district the
land is situated written notice in duplicate notifying the local government of
the occurrence of the fire and setting out —
(a)
the date on which the fire occurred;
(b)
the cause or origin of the fire;
(c)
the approximate area burned by the fire;
(d)
an estimate of the total loss caused by the fire;
(e)
the time when the fire was first noticed;
(f)
the time when the fire was extinguished;
(g)
details of persons and equipment used to suppress the fire.
Note: There is no actual ‘notice’ form; it just requires the written
notification of the items a - g and their own details in full.
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