63Restrictions as to lighting etc. fires in certain areas

63 Restrictions as to lighting etc. fires in certain areas

S. 63(1) amended by Nos 8587 s. 8, 8945 s. 7(a)(i), 9464 s. 2(a)(i), 10235 s. 3(c).

(1) Every person who in any State forest protected public land or national park—

S. 63(1)(a) substituted by Nos 6976 s. 12(1)(a), 7065 s. 2(Sch.), amended by No. 41/1987 s. 103(Sch. 4 item 24.64).

(a) in circumstances in which he is required by the regulations to have the written authority of an authorised officer to light a fire in the open air and without being thereunto directed by an authorised officer lights kindles or maintains or knowingly or negligently causes to be lit kindled or maintained any fire in the open air without having such authority or without complying with any condition specified in the authority;

S. 63(1)(aa) inserted by No. 6976 s. 12(1)(a), amended by No. 8945 s. 2(a).

(aa) in or in relation to the lighting kindling maintaining or extinguishing of any fire in the open air fails to comply with any relevant regulations;

S. 63(1)(b) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).

(b) does not observe all reasonable precautions to prevent the spread of and damage by any fire lit kindled or maintained by him or to his knowledge by his agent or employee; or

S. 63(1)(c) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).

(c) leaves any fire lit kindled or maintained by him or to his knowledge by his agent or employee or otherwise without previously taking all reasonable precautions to prevent it spreading or causing injury—

shall be liable to a penalty of not more than 100 penalty units or to imprisonment for a term of not more than two years or to both such penalty and imprisonment.

S. 63(2) amended by Nos 8587 s. 8, 8945 s. 7(a)(ii), 9464 s. 2(a)(ii), 10235 s. 3(d).

(2) Every person who in any fire protected area, not being a State forest protected public land or a national park—

S. 63(2)(a) substituted by Nos 6976 s. 12(1)(b), 7065 s. 2(Sch.), amended by No. 41/1987 s. 103(Sch. 4 item 24.64).

(a) during the prohibited period in circumstances in which he is required by the regulations to have the written authority of an authorised officer to light a fire in the open air and without being thereunto directed by an authorised officer lights kindles or maintains or knowingly or negligently causes to be lit kindled or maintained any fire in the open air without having such authority or without complying with any condition specified in the authority;

S. 63(2)(aa) inserted by No. 6976 s. 12(1)(b), amended by No. 8945 s. 2(b).

(aa) at any time in or in relation to the lighting kindling maintaining or extinguishing of any fire in the open air fails to comply with any relevant regulations;