91Duty of person who lights fire to control it

91 Duty of person who lights fire to control it (1) A person who lights a fire on land must take all reasonable steps: (a) to protect property on the land from the fire; and (b) to prevent or inhibit the fire spreading from the land to other land. Part 5 Fire-fighting Division 3 Firebreaks and removal of flammable material Bushfires Management Act 2016 42 (2) If a person who lights a fire on land is unable to control the fire, the person must take all reasonable steps to notify the following of that fact: (a) a fire control officer or fire warden; (b) the occupier of any land to which the fire is likely to spread or a person apparently over the age of 16 years present on that land. (3) A fire control officer or fire warden who is notified of a fire under subsection (2)(a) may give to the notifier any directions for controlling the fire that the officer or warden considers appropriate. (4) A person commits an offence if: (a) the person intentionally lights a fire on land; and (b) the fire has the potential to spread to other land and the person is reckless in relation to that circumstance; and (c) the person intentionally fails to take reasonable steps: (i) to control the fire; or (ii) if unable to control the fire – to notify a person mentioned in subsection (2)(a) or (b). Maximum penalty: 500 penalty units or imprisonment for 5 years. (5) A person who contravenes a direction given to the person under subsection (3) 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. Division 3 Firebreaks and removal of flammable material