Australian Capital Territory

bushfire regulations
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 6 March 1998
TABLE OF PROVISIONS
Regulation
	1.	Citation
	1A.	Interpretation
	2.	Selling, distributing or using matches
	3.	Selling, distributing or using any stick or crude phosphorus
	4.	Steam-engines
	5.	Internal combustion engines
	6.	Prescribed fires
	7.	Bushfire-prone Government land—prescribed uses

Citation
1.  These Regulations may be cited as the Bushfire Regulations.1
Interpretation
1A.  In these Regulations—
“Act” means the Bushfire Act 1936;
“factory” means a building or other place where goods are manufactured or repaired in the course of carrying on a trade or business;

 “heating appliance” means an appliance in which heat is provided by the combustion of liquefied petroleum gas or by the use of electricity for the purpose of cooking foods or heating liquids.
Selling, distributing or using matches
2.  Any person who sells, offers for sale, distributes, or uses in the Territory any matches other than those so made as to strike only on a preparation affixed to the containing box or a box containing the same description of matches shall be guilty of an offence.
Penalty:
	(a)	if the offender is a natural person—1 penalty unit;
	(b)	if the offender is a body corporate—5 penalty units.
Selling, distributing or using any stick or crude phosphorus
3.  Any person who, without the written permission of the Minister, sells, offers for sale, distributes, or uses in the Territory any stick or crude phosphorus shall be guilty of an offence.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
Steam-engines
4.  (1)  The owner of any steam-engine shall install efficient spark arrestors and sound ash-pans to catch all sparks and ashes, and shall maintain the arrestors and pans in good repair.
(2)  A person in charge of any steam-engine shall not leave the engine unless he or she has caused to be extinguished any live coals which may have dropped from the engine, and taken sufficient measures to prevent any live coals dropping from the engine after his or her departure.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
Internal combustion engines
5.  (1)  Any person who uses or controls, during the period commencing on 1 November in any year and ending on 31 March in the following year, any internal combustion engine, used in or in connection with agricultural, dairying or pastoral pursuits, or for supplying motive power for machinery or for haulage purposes, which is not fitted with an effective spark arrestor, shall be guilty of an offence.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
 (2)  Nothing in subregulation (1) shall apply to the internal combustion engine of any motor vehicle (other than a tractor) used solely in the conveyance of persons or goods.
Prescribed fires
6.  For the purposes of paragraph 7A (2) (c) of the Act, each of the following is a prescribed class of fire:
	(a)	a fire lit, maintained or used at a factory if the fire is lit, used or maintained in a building or other structure and reasonable steps have been taken to prevent the escape of fire, sparks or incandescent or burning material from the building or other structure;
	(b)	a fire lit, maintained or used by or under the authority of any person or body of persons, whether corporate or unincorporate, for or in conjunction with the repair or maintenance of services or equipment essential for continuance or restoration of the supply of heat, light, power, water, sewerage, transport or communication where—
	(i)	the Chief Fire Control Officer has been notified of the intention to light, maintain or use the fire; and
	(ii)	reasonable steps have been taken to prevent the escape of fire, sparks or incandescent or burning material from the place where the fire is lit, maintained or used;
	(c)	a fire lit, maintained or used for the purpose of using a heating appliance anywhere on land, whether unleased land the property of the Commonwealth or land held under a lease from the Commonwealth or in fee simple, if—
	(i)	the appliance is under the control of a responsible adult who is present at all times while the appliance is in use;
	(ii)	the area around the appliance for a distance of not less than 3 metres is cleared of flammable material while it is in use; and
	(iii)	a means of applying a continuous stream of water is available for immediate use;
	(d)	a fire lit, maintained or used to enable a hot-air balloon to become or stay airborne or to control the descent of such a balloon if—
	(i)	the balloon is under the control of a responsible person who is present at all times when the fire is in use;
	(ii)	an area of not less than 3 metres around the balloon is cleared of flammable material before the fire is lit; and
	(iii)	a means of applying a continuous stream of water is available for immediate use at the place at which the fire is lit.
Bushfire-prone Government land—prescribed uses
7.  For the purposes of paragraphs 11B (1) (a), (b) and (c) of the Act, each of the following uses for land referred to in any of those paragraphs is prescribed:
	(a)	agriculture;
	(b)	cemetery or burial ground;
	(c)	community path;
	(d)	group camping, being the provision of short-term accommodation and recreational facilities for community groups;
	(e)	landfill;
	(f)	major road;
	(g)	major public utility installation;
	(h)	minor service reticulation, being for public utility services;
	(i)	minor use, being incidental to any another use prescribed by this regulation;
	(j)	nature conservation;
	(k)	offensive industry;
	(m)	outdoor recreation, being for—
	(i)	a ski-run, whether on grass or snow; or
	(ii)	a shooting range;
	(n)	overnight camping;
	(o)	parkland, being—
	(i)	a hilltop reserve;
	(ii)	a public lookout;
	(iii)	a public park;
	(iv)	a recreational reserve;
	(v)	a regional park; or
	(vi)	a reserve on a lake shore or river shore;
	(p)	plantation forestry;
	(q)	railway use, including yards and other outdoor areas;
	(r)	research facility for agricultural research;
	(s)	quarantine facility for animals or plants;
	(t)	tourist facility;
	(u)	woodlot.

NOTES
1.	The Bushfire Regulations (in force under the Bushfire Act 1936) as shown in this reprint comprise Regulations made on 23 February 1938 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Subordinate Laws

Regulation
No.	
Date of making	
Date of 
notification 
in Gazette	
Date of 
commencement	
Application, saving or transitional provisions	

—	23 Feb 1938	3 Mar 1938	3 Mar 1938		
1942 No. 3	16 Feb 1942	19 Feb 1942	19 Feb 1942	—	
1980 No. 3	16 Mar 1980	25 Mar 1980	25 Mar 1980	—	
1982 No. 49	11 Nov 1982	17 Nov 1982	17 Nov 1982	—	
No. 51, 1993	17 Dec 1993	24 Dec 1993	24 Dec 1993	—	
(Reprinted as at 31 December 1993)	
No. 8, 1996	27 May 1996	6 June 1996	6 June 1996	—	
No. 22, 1997	22 July 1997	31 July 1997	31 July 1997	—	
(Reprinted as at 31 July 1997)	
No. 8, 1998
	6 Mar 1998	6 Mar 1998	6 Mar 1998	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 1	am. No. 51, 1993
R. 1A	ad. No. 51, 1993
R. 2	am. 1980 No. 3; 1982 No. 49; No. 8, 1996
Rr. 3, 4	am. 1980 No. 3; No. 51, 1993; No. 8, 1996 
R. 5	ad. 1942 No. 3
	am. 1980 No. 3; No. 51, 1993; No. 8, 1996 
R. 6	ad. No. 51, 1993
	am. No. 8, 1998
R. 7	ad. No. 22, 1997