9Open-air fires prohibited except in certain circumstances

9 Open-air fires prohibited except in certain circumstances (1) A person commits an offence if the person lights, uses or maintains a fire in the open air. Note The Emergencies Act 2004 contains an offence about lighting etc fire during total fire ban (see s 116). (2) Subsection (1) does not apply to the person if the person lights, uses or maintains the fire for an activity mentioned in schedule 1, part 1.2 (Open-air fires), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.2, column 3 for the activity. Note The defendant has the evidential burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).

(3) Subsection (1) does not apply to a fire to which the Act, schedule 1, section 1.2, table, item 28 relates. Note Item 28 relates to burning plant matter to reduce a fire hazard, to clear land or to conserve biological diversity or ecological integrity. For offences in relation to these activities, see the Act, pt 8 (Environmental authorisations).