Fire Service Act 1979
70Days of total fire ban
Start here
Get a plain-English read of 70
Turn the raw legal text into a practical explanation grounded in Fire Service Act 1979.
70 Days of total fire ban
(1) The Commission may declare any specified day to be a day of total fire ban, or any specified days to be days of total fire ban, for the purposes of this Act, either throughout the State or in any part or parts of the State.
(2) A declaration under subsection (1) in relation to any specified day or days of total fire ban may –
(a) specify fires that are not subject to the ban; and
(b) prohibit or restrict the use of specified machines or apparatus in the open air on that day or those days.
(3) *[Section 70 Subsection (3) amended by No. 29 of 1995, s. 55 ]*With a view to ensuring general public knowledge of a declaration made under subsection (1) , the Commission shall cause a declaration made under subsection (1) to be –
(a) transmitted by any radio or television station; or
(b) published in a daily newspaper published in the State which circulates in the State, or if the declaration relates to part of the State, that part of the State to which the declaration relates.
(4) *[Section 70 Subsection (4) amended by No. 29 of 1995, s. 55 ]*Subject to subsection (7) , where pursuant to subsection (1) a declaration is made declaring a day to be a day of total fire ban or any days to be days of total fire ban –
(a) all permits granted under section 66 in relation to land in any part of the State to which the declaration relates immediately cease to have effect;
(b) no permits shall be granted under that section so as to have effect on that day or those days in relation to land in any part of the State to which the declaration relates; and
(c) the occupier of land on which a fire occurs on any such day (being land in any part of the State to which the declaration relates) shall immediately after becoming aware of the existence of the fire –
(i) take diligent steps to extinguish the fire or to prevent it from spreading; and