Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
does not apply to —
(a) the
use of an unrestricted firework or a sparkler; or
(b) the
use of a firework at a fireworks event under a fireworks event permit; or
(c) the
use of a cracker chain under regulation 144 at a public ceremony; or
(d) the
use of a firework by a person in an aircraft or by a skydiver; or
(e) the
use of a firework to create a special effect for film or television at a place
where the public are not present; or
(f) the
use of a theatrical firework where people are present or proximate to create a
theatrical effect for the purposes of a concert or theatrical performance.
(2) A person must not
use a firework outdoors unless, at least 14 days before the date of the
proposed use of the firework, the person has given a fireworks notice signed
by the person to —
(a)
FESA; and
(b) the
local government of the district in which the firework will be used.
Penalty: a level 2 fine.
(3) A fireworks notice
must be in an approved form and contain this information —
(a) the
details of the fireworks operator licence that the person holds;
(b) a
description of the proposed use of the fireworks including —
(i)
the date, time and intended duration of the use of the
fireworks; and
(ii)
if any firework to be used is an aerial shell, the
diameter of the largest shell;
(c)
where the fireworks will be used;
(d) the
purpose of using the fireworks.
(4) On receiving a
fireworks notice from a person, FESA or a local government may give the
person —
(a) a
written notice that prohibits the proposed use of the firework; or
(b) a
written notice that prohibits the proposed use of the firework unless the
person complies with conditions specified in the notice.
(5) Under
subregulation (4)(b) FESA or a local government may include in a notice any
condition that is reasonably necessary for any of these purposes —
(i)
to ensure the safety of people, property or the
environment in the vicinity of where the firework will be used;
(ii)
to ensure such people are notified of the proposed use of
the firework;
(iii)
to reduce any disturbance of such people.
(6) FESA or a local
government may amend or cancel a notice it has given to a person under this
regulation by advising the person in writing.
(7) A person who is
given a written notice under subregulation (4) must comply with it.
Penalty: a level 2 fine.
[Regulation 139 inserted in Gazette
16 Mar 2012 p. 1185‑7.]
[ 140. Deleted in Gazette 16 Mar 2012
p. 1187.]