Agricultural Fires Act

BELIZE AGRICULTURAL FIRES ACT CHAPTER 204 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 AGRICULTURAL ACT 4 Amendments in force as at 31st December, 2000. BELIZE AGRICULTURAL FIRESACT CHAPTER 204 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 AGRICULTURAL FIRES ACT 4 Amendments in force as at 31st December, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Agricultural Fires [CAP. 204 [ ] 3 CHAPTER 204 AGRICULTURAL FIRES ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation and application. 3. Procedure by person desiring to set fire on land. 4. Granting of licence. 5. Time for reply to applicant by the Authorised Officer. 6. Appeal to Minister. 7. Clearing land for agriculture. 8. Offence. 9. Saving of existing liability. SCHEDULE Agricultural FiresCAP. 204] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] CHAPTER 204 AGRICULTURAL FIRES [28th July, 1958] 1. This Act may be cited as the Agricultural Fires Act. 2.-(1) In this Act, unless the context otherwise requires “authorised officer” means the Chief Agricultural Officer or any officer authorised by the Chief Agricultural Officer to grant a licence for setting fire on land; “crop” means any growing crop, tree, wood or underwood, or other produce of the soil, whether cultivated or not; “set fire on land” means the setting fire to any crop, vegetable matter or trash growing or being in or upon any land; “trash” means any megass, straw, brushwood, or other inflammable matter. (2) This Act applies only to the setting fire on land which is under cultivation or in course of preparation for agricultural purposes. 3. Every person desirous of setting fire on land shall apply in writing or in person to the authorised officer for a licence to do so and shall state in his application the location and extent of such land and the reasons why, in his opinion, burning is necessary or justifiable. 4.-(1) Upon receiving the application mentioned in section 3, the authorised officer may, subject to the provisions of any applicable fire protection plan under section 4 of the Forest Fire Protection Act and of any special area precautionary plan under section 21 of the Disaster Preparedness and Re sponse Act, grant or refuse a licence to set fire on the land, or cause an inspection of the land and report thereon to be made by some competent person to be named by him before granting or refusing the licence. Ch. 33, R.L., 1958. CAP. 166, R.E. 1980-1990. 15 of 1958. 40 of 1963. 10 of 2000. Short title. Interpretation. Procedure by persons desiring to set fire on land. Granting of licence. 10 of 2000. CAP. 212. CAP. 145. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Agricultural Fires [CAP. 204 [ ] 5 (2) A licence granted under this Act shall be as far as circumstances permit, in the form in the Schedule and shall contain such terms and conditions as the authorised officer may impose. 5. If the authorised officer does not reply to the applicant within ten days of the receipt by him of the application mentioned in section 3, subject to the provi sions of any applicable fire protection plan under section 4 of the Forest Fire Protection Act and of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, such applicant shall be at liberty to set fire on his land without incurring any liability or penalty under this Act. 6. Any person aggrieved by the refusal of the authorised officer to grant a licence may appeal to the Minister. 7.-(1) No person shall clear land for cultivation without making a fire trace around the said land. (2) Every fire trace shall be at least six feet wide and shall be cleared of debris in such a manner as to render it fire proof. 8. Every person who (a) sets fire on, or procures, or aids the setting fire on any land without a licence; or (b) clears, procures, aids the clearing of, any land in contraven tion of section 7, commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months, or to both such fine and term of imprisonment. 9. Nothing contained in this Act shall take away or diminish the liability of any person for any damage from fire caused by the act or neglect of such person or his servant and nothing in this Act shall take away or diminish the liability of any person to prosecution and punishment for an offence at common law or under any other law of Belize; but no person shall be punished twice for the same offence. Time for reply to applicant by the authorised officer. 10 of 2000. CAP. 212. CAP. 145. Appeal to Minister. 40 of 1963. Clearing land for agricultural. 15 of 1958. Offence. Saving of existing liability. Schedule. Agricultural FiresCAP. 204] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [ ] SCHEDULE [Section 4] Licence To Set Fire On Land LICENCE IS HEREBY GRANTED TO . . . . . . . . . . . . . . . . . . . . . . to set fire to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on land situate at . . . . . . . . . . . . . . . . . . . . . in the district of . . . .. . . . . . . . . . . . . . . . . .............................. The fire may be set between the hours of 7 a.m. and 4 p.m. THIS LICENCE is granted subject to the following terms and conditions: (insert terms and conditions, if any.) THIS LICENCE EXPIRES on the . . . . . . . . . . . . . . . . . . .day of . . .. . . . 20 ... . . . GIVEN under my hand this . . . . . . . . . . . . . . . . day of . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised Officer