sec.145BProhibition by commissioner against lighting of fires

sec.145B Prohibition by commissioner against lighting of fires

Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land. The request must be made in the way, and include the information, prescribed by regulation. The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious. In this section— occupier of adjoining land means the occupier of land that— touches some part of the land in question; or would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction. s 145B (prev s 64) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 s 24 ; 2002 No. 60 s 23 sch ; 2023 No. 11 s 8 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145B-ssec.1) Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. (sec.145B-ssec.2) An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land. (sec.145B-ssec.3) The request must be made in the way, and include the information, prescribed by regulation. (sec.145B-ssec.4) The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious. (sec.145B-ssec.5) In this section— occupier of adjoining land means the occupier of land that— touches some part of the land in question; or would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.

• (a) touches some part of the land in question; or
• (b) would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction.