Subdiv 4Power of direction

Subdivision 4—Power of direction 82—Power to direct (1) Subject to this section, if an officer of SACFS is satisfied that a fire has been lit on any land contrary to this Act, or that a fire on any land (whether lit lawfully or not) is out of control, or is likely to get out of control, the officer may— (a) direct the person who lit the fire, or the owner of the land, to extinguish the fire or to take such other steps in relation to the fire as appear necessary to prevent it from getting out of control; or (b) extinguish the fire, or take such other steps in relation to the fire as appear necessary to prevent it from getting out of control. (2) If an officer of SACFS is satisfied— (a) that a person proposes to light or maintain a fire (whether or not pursuant to a permit under section 81); and (b) that because of weather conditions the fire, if lighted or maintained, might get out of control, the officer may direct that person to refrain from lighting or maintaining a fire during a period specified in the direction. (3) A person who contravenes, or fails forthwith to comply with, a direction under this section is guilty of an offence. (a) for a first offence—$5 000 or imprisonment for 1 year; (b) for a second or subsequent offence—$10 000 or imprisonment for 2 years. (4) The Chief Officer may determine that the powers of an officer under this section may only be exercised by officers of or above a certain rank. (5) Despite subsection (4), if no officer of SACFS who is able to exercise the powers conferred by this section is present, any member of the SACFS or, in the absence of any such member, any fire prevention officer, member of SAMFS or member of the police force, may exercise those powers.