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MSB No. 090 Total fire bans and implications for mining

Total fire bans and implications for mining operations

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Resources Safety has received several enquiries regarding total fire bans and the implications for mining operations. The relevant legislation, available from the State Law Publisher (www.slp.wa.gov.au), is:

  • Bush Fires Act 1954 (the Act); and
  • Bush Fires Regulations 1954 (the regulations)

Note: The legislation was amended in December 2009 to allow the Minister to declare a "total fire ban".
The parts of the legislation that may apply to the mining industry include, but are not limited to:

  • sections 22B(2) and 22B(3) of the Act, referring to fires in the open air and certain activities being prohibited during a total fire ban; and
  • regulation 24A(2), covering activities prohibited in the open air during a total fire ban.

For the purposes of section 22B(3)(c) of the Act, regulation 24A(2) prescribes the use or operation of any engine, vehicle, plant, equipment or machinery on land on which there is bush or which is under crop or pasture or stubble.


Department of Mines and Petroleum

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Relates to Western Australia (WA)

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PDF Document

Western Australia




Government of Western Australia


21 Dec 2009

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