Emergencies Act 2004
122Using fires and appliances for cooking etc in open air
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122 Using fires and appliances for cooking etc in open air (1) This section does not apply if a total fire ban is in force. (2) A person may use an electric or gas heating appliance to cook food or heat liquids in the open air on any land if the area around the appliance is cleared of flammable material for at least 3m in every direction. (3) A person may light, maintain or use a fire in the open air on unleased Territory or Commonwealth land in the fireplaces provided by the Territory or Commonwealth. (4) A person may light, maintain or use a fire in the open air on unleased Territory or Commonwealth land to cook food or heat liquids, other than in the fireplaces provided by the Territory or Commonwealth, if— (a) the person does so in accordance with a fire permit; and (b) the area around the place where the fire is to be lit, maintained or used is cleared of flammable material for at least 3m in every direction; and (c) the fire is under the control of a responsible adult; and
(d) an adequate means of putting out the fire is available for use. • a fire extinguisher • a fire blanket • a continuous stream of water (5) A person may light, maintain or use a fire in the open air on residential land for heating or to cook food or heat liquids if— (a) the area around the place where the fire is to be lit, maintained or used is cleared of flammable material for at least 3m in every direction; and (b) the fire is under the control of a responsible adult; and (c) an adequate means of putting out the fire is available for use. residential land means land leased for a residential purpose.