W relating to bush and other fires-Re it therefore Enacted by lindash

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									ANNO QUAIIRAGESIMO OCTAVO ET QUADRAGESIMO
                   NONO




                            No. 357.
An Act to consolidate and amend the Laws relating to
                Rush and other Fires.
                 [Assented f o, Dccemdw n t h , 1885.1
W    HEKEAS it is expedient to consolidate and amend the law
        relating to bush and other fires-Re it therefore Enacted
by the Governor-in-Chief of the Provi~rce South Australia, with
                                            of
                                                                         P~~HI~IIIIc.



the advice and consent of the Legislative Council and Ilouse of
Assembly of the said province, in this present Parliament assembled,
as follows :

  1. This Act may be cited as The Bush Fires Act, 1885."                  Short title.

  2. The Acts enumerated in the schedule hereto are hereby                ~epettl AC~R.
                                                                                of
repealed, but this repeal shall not affcct-
  ( a ) Anything done or suffered before the commencement of this
          Act under any enactment repealed by this Act ; nor
  ( h ) Any right or privilege acquired, or duty or liability imposed
          or incurrcd under any section so repealed ; nor
  (c) Any fine, forfeiture, or other punishment incurred, or to he
        incurred, in respect of any offence committed before the
        comrnencement of this Act against any cnactmen t so
        repealed ; nor
  ( d ) The institution or prosecution to its termination of any legal
          proceeding or other remedy for ascertaining any such
          liability, or enforcing a.ny such fine or forfeiture, or
          inflicting any such punishment as aforesaid.

   .
   3 No fire shall be lighted for the burning of   stubble, hay, grass, No stubble burned
                                                                    or during certain month5
         A- 367.
3                                    48" & 49' VICTORIIE, No. 357.
                        7




                                            ,   The Bush Fires Act.-1885.
dc8sbet.~:eentwelveor      herbage, between the first day of November and the thirtieth day
noon and BIX p.m,
                        of April, unless between the hours of twelve noon and six in the
Proviso.                afternoon : Provided that nothing herein contained shall be construed
                        to repeal or alter or to interfere with or take away the powers given to
                        Corporations and District Councils to alter and vary the hours
                        within which such fires may be lighted, but such alteration shall
                        not have the force of law until public notice thereof shall have becn
                        given in the Government Gaxettc, and by affixing a like notice on the
                        front door or notice board of the Corporation office or District
                        Council office making such alteration for at least thirty days.
Scrub may not be
burnt in certain
                            4, No fire shall be lighted for the burning of scrub during the
months.                 months of November, December, and Jartuary ; and any person who
                        shall light a fire for the purpose of burning scrub in the said months
                        of November, December, and January, shall, upon conviction, forfeit
                        and pay a pcnulty of not less than 'l'en Poui~ds    and not exceeding
                        Fifty Pounds.

Scrub may be burnt
under certain condi-
                            5, During        the months of February, March, and April, tlie
tions.                  owner or occupier of any land may, at any time of the day between
                        sunrise and sunset, clear the said land by burning the scrub thereon.
                        but no fire for the burning of scrub during thc said months shall be
                        lighted unless a spacc of at least half a chain in width sl~allhave
                        been ploughed or cleared of scrub around the whole of the land or
                        place to be burnt ; and any person wllo shall light any snch fire, or
                        b u n , or s u f i r to be burnt, any scrub, except in the day time between
                        sunrise and sunset, or who shall light any such fire, or burn any
                        such scrub without having at least four men t o prevent the
                        spread of such fire, and to watch and control the same until such
                        fire is thoroughly ex tin guished, shall, upon conviction, forfeit and
                        pay a penalty of not less than Five Pounds and not exceeding
                        Thirty Pounds.

 Penaltpforneglecting       6, If any person shall burn, or light any fire with intent to burn, or
 ~rcaaution       .     suffer to be burnt, any stubble, hay, grass, herbagc, or scrub, upon his
                        land, without having given one day's notice at least to the owner
                        or occupier of any land or buildings which shall immediately adjoin
                        the field or place of such burning, and who may reside thereon or
                        within five miles thereof, of his mtention to burn the same ; or if
                        any person holding an annual licence for depasturing purposes
                        within any Hundred shall burn, or suffer to be burnt, any grass or
                         other herbage, or any scrub or timber growing upon the Crown
                        lands within such Hundred, without havi~iggiven one day's notice
                         at least to the nearest Police Constable of his intention to burn the
                         same ; or without providing, and having on the spot, at least four
                         adult persons to assist in keeping under control and preventing the
                         spread of any such fire until such fire is extinguished, or without
                         having ploughed or cleared at least eight feet around the field or
                         place where such burning shall take place, on the inside of the
                        fence or boundary thereof; or within such period as aforesaid
                         during the prohibited times, such person shall, upon conviction
                         thereof, forfeit and pay a penalty of not less than Three Pounds
    f     .   .   L
                         and not exceeding Twenty Pounds.                                 7. No
                48" & 49' VICTORIE, No. 357.
                       The Bush    Rres   Act.1885.

     7, No fire for the burning of stubble, hay, grass, herbage, or            Fires not to be
scrub, shall be lighted on Sunday ; and whosoever shall light such             lighted on Sunday.
fire shall, upon conviction, forfeit and pay a penalty of not less than
Twenty Pounds nor more than Fifty Pounds.

   8. Any person who shall, between the first day of September and             Ignitable wadding
                                                                               prohibited.
thirtieth day of April, use for the wadding of any gun. rifle, pistol,
or other firearm carried by him, any paper, cotton, linen, or other
ignitable substance, shall, upon conviction thereof, f o r f ~ i and pay a
                                                                 t
penalty of Five Pounds.

  9, If any person, within such period as last aforesaid, shall use Persons qf anothergun
                                                                           on land
                                                                                   carrying
or carry any gun, rifle, pistol, or firear~n   upon or over land the person, ll&leto
property of any other person, it shall be lawful for the owner or examimtion.
*      L   .


occupier of such land, or his servant, to examine such gun, rifle, pistol,
or other firearm, for the purpose of ascertaining the nature of the
wadding used therein ; and any person refusing to allow of s ~ c h
examination, or who shall, upon the occasion thereof, refuse to dis-
close his name to such owner or occupier, or servant, or who shall
give a false name, shall, upon conviction, forfeit and pay a penalty
of not less than Two Pounds nor more than Five Pounds.

       0
      1 ,If     any person shall light or use any fire in the open air for     Travellers lighting
                                                                               fires to clear H space.
    the purpose of cooking, bivouacking, or for any other pllrpose, with-
    out a space of ground around thc: same, of the ~vadiusof tell feet at
    least, having been previously cleared of a11 grass, bushes, and leaves,
    or branches-of trees; or having lighted or used any such fire, shall
    neglect fdly and completelv to extinguish the same before leavitig
    the place, he shall, upon cobviotion, forfeit and pay a penalty of not
    less than Two Pounds nor more than Twenty Pounds.

      11, Every pcrson who shall, at any time during the months of              Smoking in the open
                                                                                air near ~taoks,&c.
    November, December, Jantlary, February, March, and April, smoke
    in the open air within twenty yards of any stable. or of any rick,
    stack, or field of hay, corn, straw, stubble, or other infknmmable vege-
    table production, unless within a town, or except with a pipc pro-
    perly covered, shall, on conviction thercof, forfeit and pay a sum of
    not less than 'I'cn Shillings nor more than Two Pounds.

      12. Whosoever unlawfully and maliciously, for the purpose of              Placinginflammable
    causing any fire, shall put or place any matches or other inflammable or    ,
                                                                                material for the pur-
                                                                                     of ,,
                                                                                         i       ah
    combustible substance, matter, or thing, in such a position that the
    same may be ignited by the sun's rays being focussed through glass or
    other substance, or by friction or other means whereby such matches
    or inflammable or combustible substance, matter, or thing, may be
    ignited, exploded, or set on fire, or whereby such fire may be lighted
    with intent to injure or damage any person or property, shall,
    whether such fire shall be caused or not, be guilty of felony, and,
    being convicted thereof, shall be liable to be imprisoned for any term
    not exceeding fourteen years, with hard labor.

       13, If   any person, within the months of Xovember, December,             Treesnottobe
                                                                                 blmtsd.
                                                                   January,
                                     48" & 4 O VICTORIW, No. 357.
                                            9
                                            The Bush Fires A c t . 1 8 8 5 .
                        January, February, March, and April, shall employ gunpowder, or
                        any other explosive mixture, for the purpose of blasting any trees,
                        wood or timber, without having at least four persons present to
                        prevent any fire arising therefrom, he shall, upon conviction thereof,
                        forfeit and pay the sum of not less than One Pound nor more than
                        Twenty Pounds.

Act not to affect any     14* Nothing in this Act contained shall take away or affect any
other remediee.
                        right of action, or other remedy, which any person may have in
                        respect of any loss or damage occasioned by any fire, or for any
                        trespass committed.
8 u m m v ~rocdum.         15. Every proceeding under this Act, for omissions, defaults, acts,
                        or offences, to which any penalty is attached, shall be had and taken
                        and may be heard and determined in a summary'wag, by any Special
                        Magistrate or Two Justices of the Peace, under the provisions of an
                        Ordinance of the Governor and 1,egislative Council, No, 6 of 1850,
                        " To facilitate the performance of the Duties of Justiccs of the Peace
                        out of Session, with respect to summary convictions and orders," or
                        of any Act now in force, or hereafter to be in force, relating to the
                        duties of Justices of the Peace with respect to summary convictions
                        and orders, and all convictions and orders may be enforced, as in the
                        said Ordinance is mentioned.
Appeal to Adelaide
Local Court of Full
                           16, Thcrc shall be an appeal from any conviction hy any Special
Jurisdictiun,ornearmt    Magistrate or Justices of the Pcace, for iMly ofience against this Act,
L O C ~Court.            or from any order dismissing any information or complaint, or from
                         any order for payment of money, whethcr for costs or otherwise ;
                         which appeal shall be to the Local Court of Adelaide, or at the
                         option of the appellant to the nearest Local Conrt of Full Juris-
                         diction, and the proceedings of such appeal shall be conducted
                        .in manner appointed by the said Ordinance, No. G of 1850, or any
                         amendment thereof, for appeals to thc Local Courts ; but the Local
                         Court aforesaid may make such order as to the payment of the costs
                         of appeal as it shall think fit, although such costs may exceed Ten
                         Pounds,
 Appro~riationof           17. All moneys received for penalties imposed for offences
 penalties.
                        against this Act shall bc paid to the Treasurer on behalf of Her
                        Majesty, lfer heirs and successors, for the public uses of the said
                        province, and in support of the Government thereof, except xnvrleys
                        received in respect of any offence committed within the limits of
                        m y Corporation or District Council, in which case the same shall
                        be paid over to thc Corporation or District Council within whose
                        limits such offence was committed, for the use of the said Corpora-
                        tion or Z)istrict,
                                 ,

                           I n the name and on behalf of Her Majesty, I hereby assent to
                                this Bill.
                                               W ILLIAM C. F. ROBINSON, Governor.
                  48" & 49a VICTORIE, No. 357.
                               The Bush Fires Act.-1885.




                       THE SCHEDULE REFERRED TO.




                               Title of Act.                                     I        No. of Act.
                                                                                                        Extent of
                                                                                                         Repeal.
          .   +    C   _   -     _    _    I      _                _         _   L    .   -   -   -




                                               ... ..., . , . . . . .
                                                           ..


                                                                                                        I
'&   The Bush Fires Act, 1864,"            ,                            ,,           No. 18 of 1864
An Act to amend        " The Rush Fires Act, 1864.". . . . . .                       No. 15 of 1874         whole
An Act to further amend "The Bush Fires Act, 1864."                                  No. 264 of 1882        The




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                                                    Govemmeat Printer, North-terrace.
                  Adelaide : By authority, E. SPILLER,

                  P-357.

								
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