38Lighting fires in accordance with permit

38 Lighting fires in accordance with permit (1) Section 37 does not apply to a person who— (a) sets fire to any grass, stubble, weeds, scrub, undergrowth or other vegetation; (b) lights a fire for the purpose of converting wood into charcoal; (c) lights any other fire— on any land in accordance with a written permit obtained from— S. 38(1)(d) amended by No. 10149 s. 21(b)(i)(ii). (d) the fire prevention officer of the administrative unit or public authority which manages or controls the land or, when in any instance that fire prevention officer so requests, the Chief Officer; or S. 38(1)(e) amended by Nos 10149 s. 21(1)(c) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.9). (e) (where paragraph (d) does not apply) the fire prevention officer of the municipal council in which the land is situated or the Chief Officer. (2) A permit granted under subsection (1)— (a) shall be in or to the effect of the form prescribed; (b) shall contain such conditions and restrictions as are prescribed; and (c) may contain any further conditions and restrictions which the officer granting the permit may reasonably require. S. 38(2A) inserted by No. 5/2012 s. 25(1). (2A) A permit granted under subsection (1) may allow the person to whom it is granted to light a fire or fires at any time within a period specified in the permit subject to any conditions or restrictions contained in the permit. S. 38(3) amended by No. 43/1987 s. 14(1)(a), substituted by No. 5/2012 s. 25(2). (3) A person to whom a permit is issued under subsection (1) must comply with each of the conditions and restrictions contained in the permit. (4) Compliance with the conditions of a permit does not of itself relieve the holder of a permit from liability for any damage sustained by another person as a result of any fire lit by the holder of the permit pursuant to that permit. S. 38A inserted by No. 10004 s. 8.