1961 WESTERN AUSTRALIA REPORTOFEVIDENCE taken by Mr. GJ RODGER, B.Sc. appointed

801 Pages·2005·1.92 MB·English

by  Belinda Corey

1961
WESTERN AUSTRALIA
R E P O R T O F E V I D E N C E
taken by
Mr. G. J. RODGER, B.Sc.
appointed on the 27th April, 1961, as a
ROYAL COMMISSION
to inquire into and report upon bush
fires in Western Australia.
BUSH FIRES ROYAL COMMISSION
INDEX TO WITNESSES
Page
ANGELL, J. 1022
ATKINS, E.C. 403
BAKER, H.A. 576
BARRON, G.W. 1052
BATEMAN, M.J.C. 1125
BATEMAN, N.E. (Mrs.) 359
BEGGS, B.J. 682, 807, 1083.
BELL, J.R. 982
BERKELAAR, P. 698
BERKELAAR, N. 698
BIRMINGHAM, E.B 702
BISHOP, F. (Mrs.) 827
BROCKMAN, F.C. 837
BROWN, C.J. 1024
BUNNING, C.R. 1197
BUSBY, T.W. 963
BUSHBY, J. 205
CAMPBELL, C.E. 955
CARTMEL, G. (Dr.) 388
COLEMAN, R.S. 1296
COLLINS, F.H.H. 1038
COLYER, A.L. 901
CONNOR, F.J. 1063
COOK, S.C. 460
CRAIN, H.L. 917
CROUCH, T.S. 66, 1133.
CUTHBERTSON, D.J. 859
DENNIS, J.W. 966
DUNN, A.C. 629
EASTMAN, W.H. 437
EDWARDS, E.A. 1079
ESPINOS, P. 935
EVETT, J.J. 477
FAWCETT, H. 776, 823
FLETCHER, N.S. 585
FROST, W.T.S. 1132, 1167D
GALE, H.E. 942
GUTHRIE, A.C. 1027
HALE, H.J. 110, 174
HARGREAVES, J.D. 757
HARRIS, A.C. 1446
HEWITT, P.N. 1290
HEPPINGSTONE, A.G. 395
HOLLAND, H.L. 891
HONNIBALL, J.J. 1387
HULL, R.G. 726
IRONMONGER, C.H. 222
KELLY, A.R. 1085
KING, W.P. 721
KNIGHT, L.G. 751
KNIGHT, S.H. 1245
LADHAMS, G.L. 585, 784
LEGGOE, J. 1234
LETCH, T.A.E. 1186
LEWIS, R.L. 638
MACKEY, G.W. 524
MARKOVIC, V. 376
MEACHEM, J.C. 1088
MICHELIDES, E. 1076
MILES, A.W. 1168
MILESI, A.J. 1306
MITCHELL, S.C. 1239
MONEY, J.G. 707
MURRAY, C.G. 730
MYERS, R.C. 301
McDONALD, P.T. 921
McDONALD, W.A. 927
McDONALD, W.G. 1369
McKAY, D.B. 767
McLOUGHLIN, C.P. 975
McNEILL, N. 735
NOAKES, H.L. 873
NUNN, G.W.M. 1262
O’BRIEN, J.M. 491
PACAK, J. 1033
PATMORE, W.D. 986
PEARSON, T.W. 568, 583
PICKETT, A.M. 309
POLLARD, W. 665
PRINCE, C.H. 605
QUICK, E.C. 422
RATE, J.H. 1149
ROSE, A. 937
SALTER, R.E. 796
SAW, C.H. 1131
SAW, H.T. 1114
SCADDEN, N.E. 970
SHEDLEY, A.C. 366
SHORTLAND, R.G. 1016
SIBSON, J. 961
SMITH, C.S. 993
SMITH, G.E. 931
SMITH, G.J.S. 1139
SMITH, R.K. 305
SPARKS, R.J. 516
STAGBOUER, G.L. 1360
STANLEY, S. 899
STEWART, D.W.R. 133, 542
STOKES, G.M. 1486
STRAKER, H.E. 326
STRETCH, A.F. 1063
STYLES, H.G. 803
SUTHERLAND, A.H. 3, 81, 158, 300,
357, 1396.
THOMSON, H.D. 886
THOMSON, J. 1005
THORN, D.W. 685
TIMOTHY, F.W. 1157
TONKIN, F.H.C. 785
TUCKER, J. 789
WALLACE, W.R. 159
WALKER, L. 246
WATKINS, D.G. 787
WHATMAN, A.M. 1012
WILDING, T.D. 1217
WOOD, A. 620
YOUNG, A.M. 865
__________
WESTERN AUSTRALIA
1961
REPORT OF EVIDENCE
taken by
GEOFFREY JAMES RODGER, ESQ., B.Sc. (For.)
Appointed, on the 27th April, 1961, as a Royal
Commissioner to inquire into and report upon
bush fires in Western Australia
___________________
COMMISSION AND TERMS OF REFERENCE AS
PUBLISHED IN THE “GOVERNMENT GAZETTE” ON THE
1ST MAY, 1961
_________________
ROYAL COMMISSION
By His Excellency The Honourable Sir
WESTERN AUSTRALIA, ) John Patrick Dwyer, Knight Commander
TO WIT, ) of the Most Distinguished Order of
JOHN PATRICK DWYER, ) Saint Michael and Saint George,
Lieutenant-Governor ) Lieutenant-Governor and Administrator
and Administrator ) in and over the State of Western
Australia and its Dependencies in the
(L.S.) Commonwealth of Australia.
To Geoffrey James Rodger, Esquire, of 38 Lynington Street, Tusmore, in the State of South Australia, formerly
Director General, Commonwealth Forestry and Timber Bureau:
I, the said Lieutenant-Governor and Administrator, acting with the advice and consent of the Executive Council
do hereby appoint you Geoffrey James Rodger to be a Royal Commission to inquire into and report upon --
(1) the causes, origins and development of the bush fires (of the kind contemplated by the Bush Fires
Act, 1954-1958) which commenced to burn within the said State at or near --
(a) Dwellingup, on or about the 19th day of January, 1961;
(b) Karridale, on or about the 27th day of February, 1961;
(c) Gidgegannup, on or about the 25th day of February, 1961; and
(d) Chittering, on or about the 15th day of December, 1960
1.
(each of which fires continued to burn for some days) and also of any other bush fire or bush
fires (if any) which burned in the said State at any time during the first three months of 1961 and
concerning which you consider it desirable to inquire into for the purposes of this Commission;
(2) in regard to each such bush fire, the measures taken to prevent its outbreak and spread and to
protect life and private and public property;
(3) the measures which are necessary or desirable to be taken by any and what persons, corporations
and bodies --
(a) to prevent the outbreak of bush fires in the said State or to prevent the spreading
of such fires; and
(b) to protect life and private and public property in the said State from the
consequences of such fires;
(4) the basic requirements for an effective State Fire Emergency Organisation to handle major fire
emergencies and to co-ordinate and ensure the taking of measures as aforesaid
and I hereby declare that by virtue of this Commission you may in the execution hereof do all such acts, matters
and things and exercise all such powers as a Royal Commission or the Chairman or members of a Royal
Commission may lawfully do and exercise whether under or pursuant to the Royal Commissioners’ Powers Act,
1902-1956, or otherwise.
Given under my hand and the Public Seal of the said State,
at Perth, this 27th day of April, 1961.
By His Excellency’s Command,
DAVID BRAND
Premier.
GOD SAVE THE QUEEN ! ! !
________________________
TECHNICAL ADVISER TO COMMISSIONER:
Alan Grant McArthur
SECRETARY:
Joseph Richard Waldron
CONSULTANTS:
Henry James Hale
John Reginald Purse
Frank James Oates
2.
BUSH FIRES
ROYAL COMMISSION
TUESDAY, the 9TH May, 1961
The Secretary read the Commission and terms of reference as published in the “Government Gazette” on
the 1st May, 1961.
ALLEN HERBERT SUTHERLAND, Secretary,
Bush Fires Board, sworn and examined:
BY THE COMMISSIONER: You have, I understand, a prepared statement which you wish to make in
the first instance?---That is so. I propose to read this fairly rapidly, unless you wish to ask me questions.
I propose to let you read it right through. I will not ask you any questions, if it can be avoided, until you
have completed the whole of your evidence?---Very well. The statement is as follows :-
I, Allen Herbert Sutherland, duly appointed Secretary of the Bush Fires Board, submit the
following general evidence on behalf of the board. This statement of evidence was approved at a
meeting of the board held on the 1st May, 1961.
The Bush Fires Board:
The Bush Fires Board was constituted in 1955, under the provisions of the Bush Fires Act, 1954,
and at present comprises the following members :-
Messrs. F.C. Smith Under Secretary for Lands - Chairman
J.M. Stewart Representing the Road Board Association
J. Heitman “ “ “ “
L.W. Nenke “ “ “ “
J.R. Purse “ “ “ “
S.H. Knight “ “ “ “
A.J. Milesi “ Forest Department
C.R. Stewart “ Railway Department
A.W. Curtis “ Underwriters’ Association
A.R. Barrett “ Nominee of the Minister for Agriculture.
The Board was similar in its membership to the Rural Fires Prevention Advisory Committee
which it succeeded.
History :
To enable a full appreciation of the policies followed by the Bush Fires Board to be obtained, an
outline is necessary of the evolution of fire control measures in the State.
The high temperatures and low humidity experienced over the summer months in Western
Australia, together with the fact that average rainfall is very light in these months, gives rise to severe
LN/SPK 3. A.H. SUTHERLAND, 9/5/61.
fire dangers almost every year and no doubt caused the question of the control of bush fires to figure
quite early in the history of Western Australia. Various ordinances were issued in the latter part of the
1890’s, imposing some prohibitions on fires in the summer months, demonstrating an awareness of the
serious fire danger, even before very extensive agricultural development had taken place. The first Bush
Fires Act was passed in 1902, and came into force in the period when agricultural development was
beginning to gain impetus. The major early agricultural development in the State was directed towards
the growing of grain crops. Once the crop was harvested, there was very little risk of major financial
loss so far as the farmer was concerned, and consequently a considerable amount of burning took place
during the height of summer, so that development could be pushed ahead. The spread of pasture
development and stock into areas previously devoted almost entirely to the production of grain caused a
considerable extension to the period during which serious agricultural losses could be caused by fire.
During the period up to 1937 local authorities fixed the dates of the prohibited burning times in
their own districts. In practice, this resulted in the prohibitions having only a minimum value in
controlling fire losses. There was a multiplicity of dates of prohibited times which were not co-related in
any way and frequently the district of a local authority was divided into many sections with differing
dates, mainly determined on the basis of whether the particular section was already developed or
whether development was just commencing. Burning took place during the most hazardous part of the
summer in the more undeveloped sections, with the result that fires continually menaced the adjoining
areas and districts which had reached a more advanced stage of development. Extensive fires from this
cause also seriously affected the forest areas. In the late 1920’s and early 1930’s some voluntary groups
had formed in the agricultural community in the south-west for the purpose of fighting fires on an
organised basis. These early bush fire brigades had no legal basis or protection. In 1935 extensive and
serious fires affected very large areas in the south-west. This brought a realisation that fire had become a
major threat, both to our forests and to the agricultural community. A committee was appointed to
review the position and as a result a new Bush Fires Act was drafted and approved by Parliament in
1937. This Act formed the foundation of the present organisation. It established a legal basis for the
organisation of bush fire brigades and also for the determination of prohibited burning times from a
State-wide point of view, rather than from purely local considerations.
The Committee which assisted in the drafting of the Act in 1937 continued to advise on the
implementation of the measure and was set up permanently by an amendment to the Act, as the Rural
Fires Prevention Advisory Committee. The first committee consisted of the Under Secretary for Lands
as Chairman, the Conservator of Forests, the Chairman of the Agricultural Bank, the Chief Civil
Engineer of the Railway Department, and the Under Secretary for Agriculture. A representative of the
Road Board Association was then added. The services of an officer of the Forest Department were
obtained to assist local authorities in organising bush fire brigades. The Secretary to the Committee was
made available by the Department of Lands and Surveys on a part-time basis. In 1941 the representation
of the Road Board Association on the committee was increased to three; one representing the South-
4. A.H. SUTHERLAND. 9/5/61.
West, one the Great Southern, and the third the Eastern and Northern wheat growing areas, and a
representative of the Fire and Accident Underwriters’ Association was also added.
The majority of the early bush fire brigades registered were in the South-West and Great
Southern districts, where the risk of serious loss by fire was accepted as greatest.
Following the war, great increases in stock numbers in the wheat-growing areas in the eastern
and northern districts resulted in greater risk of loss from bush fires over a much longer period in these
areas, and brought about the organisation and registration of large numbers of brigades in those districts.
In 1948 a private member’s Bill was successful in having inserted in the Bush Fires Act the
provisions relating to “approved areas”. This principle came to have a very important bearing in later
years, and has been dealt with as a separate subject. In 1949 the principle of permits to burn was
introduced. In 1950 the Committee suggested the representation of the Road Board Association should
be increased by one member, for the purpose of considering further proposed amendments to the Bush
Fires Act. There were then four zones of the Road Board Association mainly concerned in fire
prevention and control and only three of these were represented on the Committee. The Act was later
amended to provide for this additional member. It was at this stage that the committee first intimated a
desire for a reconsideration of the Bush Fires Act as a whole and the powers of the committee itself.
Extensive amendments were made to the Act in 1950.
In 1953 the committee recommended that action should be taken to redraft the whole of the Bush
Fires Act, retaining its existing principles, but consolidating it and endeavouring to secure some greater
degree of flexibility on some matters. It was also considered that the penalties had become most
inadequate as an effective deterrent, and that provision should be incorporated as a major principle to
grant the committee statutory powers and to enable it to engage its own staff and to generally administer
the Act.
5. A.H. SUTHERLAND. 9/5/61.
Field staff were required to keep up [blank] standard of approved areas with more regular
inspections, to help in advising local authorities and local officers and with the intention of assisting and
supporting volunteer officers who had difficulties in making decisions regarding the issue or refusal of
permits to light developmental fires and other local matters concerning the application, to their
immediate neighbours, of some of the provisions of the Act. The Bill was drafted, but the Government
would not proceed with it in 1953 because of an extremely heavy legislative programme. This delay had
some advantages, as the Bill was available for a period to local authorities and other organisations
throughout the State, and numerous changes were made in the original draft before it was finally
presented and approved by Parliament in 1954. The Bush Fires Board was constituted in 1955, with a
membership similar to that of the Advisory Committee, with the addition of a further representative of
the Road Board Association, as that body then had five wards or zones covering the main fire prone
areas.
Bush Fires Board:
The Bush Fires Board has built on the policies which had become established by experience
through the Rural Fires Prevention Advisory Committee, but has also undertaken many fresh activities.
Some of the major subjects which have been dealt with are submitted hereunder:--
Staff:
The secretary of the Advisory Committee was also the Officer-in-charge of a branch of the
Department--that is the Department of Lands and Surveys--the staff of which had been inflated to some
degree, to cope with the work under the Bush Fires Act; no staff was actually detailed for specific duties
for this committee.
One of the first tasks of the Bush Fires Board was to organise its staff. The Lands Department
made available the Secretary of the Advisory Committee for a period of 12 months until final decisions
could be arrived at; this was to be on a full-time basis, but for various reasons other departmental
responsibilities continued.
Subsequently the Secretary was relieved of his departmental duties, and a small clerical staff was
appointed to assist in the organisation of office records, registration of bush fire control officers, bush
fire brigades, etc., and with inquiries and correspondence.
In the fire season before the Board was constituted an experienced officer from the Field Staff of
the Lands Department, Mr. Hale, was selected to form the nucleus of the Board’s field staff. The
Board’s original intention was to have the main fire prone areas of the State divided into five districts,
with a warden for each district. At the commencement, however, the Board decided on three districts
and field officers until experience had been gained in building up and training its staff.
In selecting the Wardens, the Board looked more to country background, experience and
personality of the applicants. As the fire control and fire-fighting organisation is almost entirely
voluntary, the Board desired its Field Staff to be men capable of securing the co-operation of the Local
Authorities and volunteer officers, and of improving standards, rather than exercising any form of direct
control.
Due to problems of housing and personal consideration, the Board has experienced difficulties
arising from rather frequent changes in its Field Staff.
Gf/Bly 6. A.H. SUTHERLAND.