Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of subsection (2) a person shall not operate, during the
prohibited burning times or the restricted burning times —
(a) a
tractor or self-propelled harvester unless —
(i)
its exhaust system, including pipes, is maintained in
sound and efficient condition;
(ii)
its exhaust pipe is fitted with a spark arrester as
prescribed by regulation; and
(iii)
its exhaust pipe terminates so as to discharge exhaust
emissions vertically upwards or, in the case of a self-propelled harvester the
exhaust pipe of which terminates at least 2 metres above the ground, so as to
discharge exhaust emissions horizontally or in a direction upwards of the
horizontal plane;
(b) an
internal combustion engine, steam engine or other prescribed machinery or
vehicle contrary to the regulations or otherwise than in accordance with the
regulations.
Penalty: $5 000.
(2) A local government
may at any time permit the use in orchards within its district of tractors the
exhaust pipes of which are not vertical, and in any district where permission
is so given, a person may operate in an orchard during the times mentioned in
subsection (1) a tractor the exhaust pipe of which is not vertical, so
long as the person while operating that tractor complies with the other
requirements specified in respect of a tractor in paragraph (a) of that
subsection and with the requirements of any notice under subsection (3)
having effect in the district for the time being.
(3) A local government
may, by notice published in its district by —
(a)
publication in a newspaper circulating in that district;
(b)
broadcast from a radio broadcasting station that gives radio broadcasting
coverage to that district; and
(c)
display in prominent positions in that district,
prohibit the operation
in its district of any tractor or self-propelled harvester other than a
tractor or self-propelled harvester that is equipped with a fire extinguisher.
(4) A notice under
subsection (3) —
(a)
shall have effect for such period during the prohibited burning times or the
restricted burning times, or both, as is specified in the notice;
(b) may
be varied or cancelled by the local government by a notice published in the
manner set out in that subsection.
(5) During any period
for which a notice under subsection (3) has effect in a district a person
shall not operate a tractor or self-propelled harvester in that district
unless a fire extinguisher as prescribed by regulation is carried on that
tractor or self-propelled harvester or, in the case of a tractor, on a
trailer, semi-trailer or agricultural machine or appliance being drawn or
propelled by that tractor.
Penalty: $5 000.
(6) The Governor may
make regulations with respect to the prohibition or regulation of the use of
engines, vehicles, plant and machinery during the prohibited burning times or
restricted burning times.
(7) Regulations made
under subsection (6) may —
(a)
authorise a local government or a bush fire control officer to prohibit the
carrying out of an activity or operation either absolutely or except in
accordance with conditions specified in the notice or direction by which the
prohibition is imposed or in the regulations;
(b)
prohibit the carrying out of an activity or operation without the consent of a
local government or bush fire control officer;
(c)
provide that an act or thing shall be done subject to the approval or to
the satisfaction of a local government or a bush fire control officer;
(d)
provide as the penalty for a breach of any regulation so made a maximum
penalty of $5 000.
(8) The provisions of
subsections (6) and (7) are in addition to and not in derogation of those
of section 61.
[Section 27 amended by No. 11 of 1963
s. 13; No. 65 of 1977 s. 25; No. 51 of 1979 s. 2;
No. 95 of 1981 s. 2; No. 8 of 1987 s. 8; No. 14 of
1996 s. 4; No. 38 of 2002 s. 39.]