87Fires to be extinguished

87 Fires to be extinguished (1) If a person who lit a fire in the open air in an area that, on the commencement of a fire ban period, will be a fire ban area, is unable to extinguish the fire before that commencement, the person must, without delay, notify a fire control officer or fire warden of that fact. (2) A fire control officer or fire warden who is notified of a fire under subsection (1) may give to the notifier any directions for controlling the fire that the officer or warden considers appropriate. (3) A person commits an offence if: (a) the person has, before the commencement of a fire ban period, intentionally lit a fire in the open air; and (b) the area in which the fire is lit is, on the commencement of the fire ban period, a fire ban area; and (c) the person fails, before the commencement of the fire ban period, to: (i) extinguish the fire; or (ii) notify a fire control officer or fire warden in accordance with subsection (1). Maximum penalty: 200 penalty units or imprisonment for 2 years. (4) Strict liability applies to subsection (3)(b) and (c).

Part 5 Fire-fighting Division 1 Chain of command Bushfires Management Act 2016 40 (5) A person who contravenes a direction given to the person under subsection (2) commits an offence. Maximum penalty: 100 penalty units. (6) An offence against subsection (5) is an offence of strict liability. (7) It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.