sec.62AAdditional control of fires in forest recreation areas

### sec.62A Additional control of fires in forest recreation areas This section applies to a feature protection area, forest drive or State forest park (a forest recreation area ). A person must not light, maintain or use a fire in a forest recreation area, other than in a fireplace or barbecue provided by the chief executive. Maximum penalty—165 penalty units. However, subsection (2) does not apply to a person lighting or using an approved appliance, or a smoking product, if the person takes reasonable steps to ensure— the forest products or waters of the forest recreation area or adjacent areas, are not damaged; or property in the forest recreation area or adjacent areas, other than property owned by the person, is not damaged. ensuring the appliance is not left unattended ensuring there is no overhanging vegetation ensuring there is no flammable material near the appliance or smoking product In this section— smoking product has the meaning given by the Tobacco and Other Smoking Products Act 1998 , schedule 1 , definition smoking product , paragraph (b) . s 62A ins 2014 No. 41 s 28 amd 1998 No. 1 s 240 (3) (amd 2023 No. 16 s 64 ) (sec.62A-ssec.1) This section applies to a feature protection area, forest drive or State forest park (a forest recreation area ). (sec.62A-ssec.2) A person must not light, maintain or use a fire in a forest recreation area, other than in a fireplace or barbecue provided by the chief executive. Maximum penalty—165 penalty units. (sec.62A-ssec.3) However, subsection (2) does not apply to a person lighting or using an approved appliance, or a smoking product, if the person takes reasonable steps to ensure— the forest products or waters of the forest recreation area or adjacent areas, are not damaged; or property in the forest recreation area or adjacent areas, other than property owned by the person, is not damaged. ensuring the appliance is not left unattended ensuring there is no overhanging vegetation ensuring there is no flammable material near the appliance or smoking product (sec.62A-ssec.4) In this section— smoking product has the meaning given by the Tobacco and Other Smoking Products Act 1998 , schedule 1 , definition smoking product , paragraph (b) . - (a) the forest products or waters of the forest recreation area or adjacent areas, are not damaged; or - (b) property in the forest recreation area or adjacent areas, other than property owned by the person, is not damaged. Example of a reasonable step taken by a person— • ensuring the appliance is not left unattended • ensuring there is no overhanging vegetation • ensuring there is no flammable material near the appliance or smoking product - • ensuring the appliance is not left unattended - • ensuring there is no overhanging vegetation - • ensuring there is no flammable material near the appliance or smoking product - • ensuring the appliance is not left unattended - • ensuring there is no overhanging vegetation - • ensuring there is no flammable material near the appliance or smoking product