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; S. 63(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 52.5). (b) at any time 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(2)(c) amended by No. 74/2000 s. 3(Sch. 1 item 52.5). (c) at any time 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 50 penalty units or to imprisonment for a term of not more than one year or to both such penalty and imprisonment. S. 63(3) amended by S.R. No. 258/1974 reg. 9, Nos 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.64), 37/2014 s. 10(Sch. item 67.2). (3) Where any authorised officer or any police officer directs the owner or occupier of or person residing on and having charge and control of any private land (including any Crown land leased with an inchoate right of purchase) within 3 kilometres of the boundary of any State forest protected public land or national park— (a) to extinguish any fire on such land; or S. 63(3)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.65), 37/2014 s. 10(Sch. item 67.2). (b) to take such steps as the authorised officer or police officer directs to extinguish such fire or prevent the same from spreading or causing injury— such owner occupier or person (whether or not he has been authorized or directed by an authorised officer to light kindle or maintain such fire and whether or not such fire was lit kindled or maintained in accordance with this Act or the regulations or any other Act or any permit or direction granted or given pursuant to any other Act) shall forthwith extinguish such fire or take such steps accordingly. S. 63(4) amended by Nos 8945 s. 7(a)(iii), 9464 s. 2(a)(iii), 10235 s. 3(e). (4) Every such owner occupier or person when so directed as aforesaid— (a) who fails neglects or refuses to extinguish such fire forthwith or to take forthwith such steps as aforesaid; or (b) who purports to carry out such directions but does so in such a manner that the fire is not extinguished and breaks out or is likely to break out subsequently— shall be liable to a penalty of not more than 50 penalty units or to imprisonment for a term of not more than one year or to both such penalty and imprisonment. S. 63(5) amended by Nos 8945 s. 7(a)(iv), 41/1987 s. 103(Sch. 4 items 24.64, 24.66), 76/1998 s. 10(1)(p)(i)(ii), 74/2000 s. 3(Sch. 1 item 52.6), 37/2014 s. 10(Sch. item 67.2). (5) A reward of not more than $500[[6]](#endnote-7) may be paid by the Secretary with the approval of the Minister to any person (not being a police officer or an authorised officer or a person employed in the Department) who gives such information as leads to a conviction under this section. S. 63(6)(a) amended by Nos 8247 s. 5, 41/1987 s. 103(Sch. 4 item 24.64). (6) (a) Any authorised officer may (with or without warrant) with any assistance he requires take into custody any person who is found offending against any of the provisions of this section and who refuses to give his name or address when called upon to do so by any authorised officer. S. 63(6)(b) amended by No. 57/1989 s. 3(Sch. item 81.1). (b) Such person shall be taken before a bail justice or the Magistrates' Court to be dealt with according to law. (c) Every such person found offending as aforesaid who gives a false name or address when called upon to give his name or address shall be guilty of an offence against this Act. S. 63(7) amended by Nos 41/1987 s. 103(Sch. 4 item 24.64), 6/2018 s. 68(Sch. 2 item 58.1). (7) Any person who is convicted of an offence against this section may on conviction in addition be ordered by the court to pay to the Crown in respect of any damage or injury and the costs of fire suppression occasioned or caused by the commission of such offence such amount as is fixed by the court after taking the evidence on oath or by affirmation of an authorised officer as to the nature and extent of such damage or injury and fire suppression, and in default of payment of such amount the same may be recovered by the informant in the same manner as the penalty may be recovered. S. 63(8) inserted by No. 6976 s. 12(1)(c), amended by No. 9861 s. 3(1). (8) Any amount ordered by the court pursuant to subsection (7) of this section to be paid in respect of the costs of fire suppression shall when paid or recovered be paid into the Consolidated Fund. No. 6073 s. 64.