46Power to issue permits

46 Power to issue permits (1) A person may apply to a fire control officer or fire warden for a permit to light a fire in the open air on land: (a) within a fire protection zone; or (b) within a fire danger area during a fire danger period.

Part 2 Administration Division 7 Powers of fire control officers and fire wardens Bushfires Management Act 2016 17 (2) A person may apply to a fire control officer or fire warden for a permit to light a fire on land within a fire management zone by deploying an incendiary device from an aircraft in flight. (3) A fire control officer or fire warden to whom an application is made under subsection (1) or (2) must determine the application by: (a) issuing a permit, either conditionally or unconditionally; or (b) refusing to issue a permit. (4) A permit issued under this section must: (a) be in writing; and (b) specify: (i) the land to which it relates; and (ii) the period during which it is in force; and (c) contain any conditions that the fire control officer or fire warden who issues it considers appropriate. (5) A fire control officer or fire warden who determines an application by refusing to issue a permit must give the applicant written notice of the refusal. (6) An applicant may appeal to the executive director against a refusal within 7 days after receiving notice of the refusal. (7) On an appeal, the executive director may: (a) confirm the refusal to issue the permit; or (b) direct the fire control officer or fire warden to issue a permit to the applicant, either conditionally or unconditionally. (8) A permit may be varied or revoked orally by a fire control officer or fire warden. (9) An oral variation or revocation must be confirmed by written notice to the permit holder with 5 days after the variation or revocation.