Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purpose of
this section —
common boundary means the boundary common to
exempt land and adjoining land, and includes the boundary of exempt land which
is separated by a road, railway, or watercourse from the boundary of any other
land;
exempt land means land that is for the time being
the subject of a suspension granted pursuant to the provisions of
section 17(4).
(2) Where, during the
operation of a suspension granted pursuant to the provisions of
section 17(4), the occupier of exempt land sets fire to the bush on that
land, the occupier of the adjoining land may, subject to provisions of this
section, for the purpose of reducing or abating a fire hazard, set fire to the
bush on the adjoining land between the common boundary and the fire-break
referred to in subsection (3)(b).
(3) Before setting
fire to the bush on land which is adjoining exempt land, as provided in the
last preceding subsection, the occupier of the adjoining land
shall —
(a)
notify the local government in whose district the adjoining land is situated,
of his intention so to do and obtain its approval in writing to burn;
(b)
prepare a fire-break having a width of at least 3 metres and the boundary of
which nearer to and parallel or approximately parallel with the boundary of
the exempt land is not at any point, of a greater distance than 60 metres
from that boundary.
(4) The occupier of
the adjoining land shall comply with and observe the provisions of this
Act generally and of the conditions prescribed for the purposes of
section 18, as modified by the provisions of this section particularly.
(5) The occupier of
the adjoining land and the occupier of the exempt land shall, in so far as is
reasonably practicable, co-operate with each other in setting fire to bush on
the adjoining and the exempt land.
(6) A local government
in whose district the burning is to take place may arrange with the occupier
of exempt land, the occupier of land adjoining it and a bush fire brigade
which has been registered by the local government, to co-operate in burning
fire-breaks on the respective lands.
(7) Where an
arrangement is made in pursuance of subsection (6) the local government
shall notify the occupier of the adjoining land of the date the burning is to
take place and require him to provide by that date ploughed or cleared
fire-breaks parallel to the common boundary and of a distance therefrom of not
more than 60 metres and as specified by the local government.
(8) Where the occupier
of exempt land and a bush fire brigade are burning bush on exempt land in
pursuance of an arrangement made under subsection (6) —
(a) the
occupier of the land adjoining the exempt land shall assist in the burning of
the bush;
(b) a
bush fire control officer or an officer of the bush fire brigade may enter the
adjoining land and set fire to the bush thereon for the purpose of making a
fire-break.
[Section 22 amended by No. 11 of 1963
s. 9; No. 94 of 1972 s. 4 (as amended by No. 83 of 1973
s. 3); No. 65 of 1977 s. 17; No. 51 of 1979 s. 5;
No. 14 of 1996 s. 4; No. 19 of 2010 s. 52(4).]