72Offence to light small fire near flammable material

72 Offence to light small fire near flammable material (1) A person who lights a small fire in the open air commits an offence if: (a) the place where the fire is lit is: (i) within a fire protection zone; or (ii) within a fire danger area during a fire danger period; and (b) the fire is less than 4 m away from bush or other flammable material. Maximum penalty: 100 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse. Part 4 Controls on fire activities in zones and areas Division 2 Controls in fire protection zones and fire danger areas Bushfires Management Act 2016 29