64Absolute prohibition of use of fire when acute fire danger exists

64 Absolute prohibition of use of fire when acute fire danger exists S. 64(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.67), 76/1998 (1) Whenever the Secretary reports to the Minister that a condition of acute fire danger exists or is likely to exist in any fire protected area or part of a fire protected area the Minister may by notice— (a) prohibit absolutely the use of fire in the open air in any such fire protected area or part of a fire protected area (as the case may be); and S. 64(1)(b) amended by Nos 48/2004 s. 113(1)(a), 24/2024 s. 50(1)(a). (b) suspend any or all leases licences permits registrations or authorities granted under this Act for the felling conversion or removal of forest produce in so far as the same are operative in any such fire protected area or part of a fire protected area (as the case may be)— S. 64(1)(c) inserted by No. 48/2004 s. 113(1)(b), repealed by No. 24/2024 s. 50(1)(b). for such period as is specified in such notice. S. 64(2) amended by Nos 8945 s. 7(b)(i), 9464 s. 2(b)(i), 10235 s. 3(f). (2) Every person who contrary to the provisions of any such notice during the period to which such notice relates— (a) lights kindles or maintains or knowingly or negligently causes or permits to be lit kindled or maintained any fire in the open air in any fire protected area or part of a fire protected area (as the case may be) to which such notice relates; or S. 64(2)(b) amended by Nos 48/2004 s. 113(2)(a), 24/2024 s. 50(2)(a). (b) fells converts or removes forest produce in or from any such fire protected area or part of a fire protected area (as the case may be)— S. 64(2)(c) inserted by No. 48/2004 s. 113(2)(b), repealed by No. 24/2024 s. 50(2)(b). 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. (3) Every notice under subsection (1) of this section— (a) shall be published either— (i) in some newspaper or newspapers generally circulating in the locality to which the notice relates; or (ii) by means of a broadcast from a broadcasting station in the State of Victoria— but may be published in both such ways; (b) may be revoked amended or varied by a subsequent notice published as aforesaid; and (c) shall subject to any amendment or variation thereof remain in operation, unless revoked, until the expiration of the period to which it relates: Provided that the revocation or expiration of any such notice shall not affect the previous operation of this section or of such notice or of anything duly done or suffered thereunder or any liability incurred thereunder or any penalty or punishment imposed in respect of any offence committed thereunder or any legal proceeding in respect of any such liability penalty or punishment aforesaid, and any such legal proceeding may be instituted continued or enforced and any such penalty or punishment may be imposed as if such notice had not been revoked or had not expired. S. 64(4)(a) amended by Nos 6976 s. 14(a), 41/1987 s. 103(Sch. 4 item 24.68). (4) (a) The Minister may from time to time by notice published in the Government Gazette specify the names of authorised officers for the purposes of this subsection; and every authorised officer so specified shall thereupon be authorized, in any case where he is of opinion that a condition of acute fire danger exists in any district under his control, by notice to direct any person who is engaged within any fire protected area or upon any land which is affected by a declaration made under subsection (4) of section three of this Act in any of the operations of felling logging snigging skidding sledging or other like operation or in the operation of driving any steam engine or steam locomotive, to suspend or cause to be suspended all or any of such operations until such time as such suspension is revoked by such officer by a like notice. S. 64(4)(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.68). (b) Notice for the purpose of this subsection may be given by any such authorised officer— (i) by writing signed by such officer and delivered to the person to whom it is directed or to any manager of such person or other person in charge of or engaged in the conduct of such operation; or (ii) by telephone or radiophone message to any of the said persons. S. 64(4)(c) amended by Nos 8945 s. 7(b)(ii), 9464 s. 2(b)(ii), 10235 s. 3(g). (c) Any person who contravenes or fails to comply with any such direction given as aforesaid 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. (d) The provisions of this subsection shall be read and construed as in aid of and not in derogation from the provisions of the other subsections of this section. S. 64(5) amended by Nos 41/1987 s. 103(Sch. 4 item 24.69), 109/2004 s. 22(a). (5) In any proceedings for an offence against subsection (2) of this section a certificate signed by the Secretary to the effect that a notice was published by means of a broadcast pursuant to subsection (3) of this section shall be prima facie evidence of the facts set out therein. No. 6073 s. 65.