66Permits to light fires

66 Permits to light fires

(1)  *[Section 66 Subsection (1) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person shall not, during a fire permit period, light or cause to be lit, or maintain or use –

(a) a fire in a fire protected area specified in subsection (2) ; or

(b) a fire for the purpose, or that is likely to have the effect, of clearing vegetation from land or for a like purpose –

except under the authority and in accordance with the conditions of a permit granted by a fire permit officer in accordance with this section.

Penalty:  Fine not exceeding 26 penalty units.

(2)  [Section 66 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 66 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] *[Section 66 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*A fire protected area referred to in subsection (1) (a) is an area which includes the whole or any part of a State forest, any reserved land as defined in the Nature Conservation Act 2002 , or any Crown land.

(3)  Subsection (1) does not apply to a fire, not being a fire referred to in subsection (1) (b) , that is lit in a place specially constructed for the purpose.

(4)  [Section 66 Subsection (4) amended by No. 25 of 1994, sched. 3 ]**[Section 66 Subsection (4) omitted by No. 29 of 1995, s. 52 ].  .  .  .  .  .  .  .  

(5)  Before determining an application for a permit under this section in respect of land not within a fire protected area referred to in subsection (1) (a) , a fire permit officer shall, if practicable, confer with the appropriate officer and shall refuse the application if that officer considers that the prevailing conditions are such that a fire lit under the authority of the permit, if granted, might spread to land other than that to which the permit relates or might be beyond the capacity to control of the fire brigades readily available for the purpose.