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Bushfires Management Act 2016
87Fires to be extinguished
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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.