• Wayne Ridley

Bush Fire Regulations for a smoker ..

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If a 'Total Fire Ban' has been set, ensure you are aware of your legal responsibility.

Bush Fires Regulations 1954, Part VIIA r. 39CA (1) Control of operations likely to create bush fire danger

[Regulation 39C inserted in Gazette 12 Nov 1982 p. 4463; amended in Gazette 22 Dec 1998 p. 6857 and 6858.]

Bee smoker devices, use of in restricted or prohibited burning times etc. In this regulation:

- bee smoker device means a device used to generate smoke for the purposes of beekeeping; prescribed period means —

(a) the prohibited burning times; or

(b) the restricted burning times; or (c) a day or any period of a day for which the fire danger forecast issued by the Bureau of Meteorology in Perth in respect of the locality where it is proposed to operate the bee smoker device is “catastrophic”, “extreme”, “severe” or “very high”.

(2) For the purposes of section 27A(1)(a)(ii) of the Act, the operation of a bee smoker device in the open air is an operation likely to create a bush fire danger.

(3) A person shall not operate a bee smoker device in the open air during a prescribed period unless (a) (b) at least one fire extinguisher is provided at the place where the device is operated; and the ground within a distance of 3 m from the place referred to in paragraph (a) has been

- 1. (i) sufficiently cleared of inflammable material; or - 2. (ii) sufficiently damped down with water, to prevent the escape of fire.

Bush Fires Regulations 1954 39D.

Control of operations likely to create bush fire danger Part VIIA r. 39D

A person who operates a bee smoker device in the open air during a prescribed period shall — (a) ensure that neither the lighting nor the operation of the device results in the ignition of inflammable material outside the device; and

(b) place the device in a fire resistant container when it is alight but not being held by the person; and

(c) extinguish the fire in the device on completion of its operation.

A bush fire control officer may, subject to the directions, if any, of the local government by which the officer was appointed, issue — 1. (a) to a person operating a bee smoker device during a prescribed period; or 2. (b) to the owner or occupier of the land on which that operation is carried out, such directions as the officer considers necessary for the prevention of fire on that land and the person, owner or occupier, as the case may be shall comply with those directions.

[Regulation 39CA inserted in Gazette 22 Dec 1998 p. 6857-8; amended in Gazette 1 Dec 2009 p. 4835.]

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