244Bushfires

244 Bushfires (a) the person causes a fire; and (b) there is a substantial risk that: (i) the fire would spread to vegetation on property belonging to another person; and

Criminal Code Act 1983 257 (ii) the person would not be able to stop the spreading of the fire. (a) intentionally causes the fire or is reckless as to causing the fire; and (b) is reckless as to the risk. Maximum penalty: Imprisonment for 15 years. (2) Subsection (1) does not apply to a person who caused a fire for the purposes of fire management or land management (or both): (a) in accordance with a law in force in the Territory (including, for example, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the Bushfires Management Act 2016 and the Fire and Emergency Act) 1996; or (b) in accordance with an agreement entered into by the Territory. Example for subsection (2)(a) A person who caused a fire in the course of carrying out fire management activities such as hazard reduction activities under the Fire and Emergency Act 1996. Example for subsection (2)(b) A person who caused a fire in the course of carrying out fire management and land management activities under an agreement between the Territory and a private company established for the reduction of greenhouse gas emissions. (3) For this section, a person causes a fire if the person: (a) lights a fire; or (b) maintains a fire.