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S. 64(1)(c) inserted by No. 48/2004 s. 113(1)(b), repealed by No. 24/2024 s. 50(1)(b).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S. 64(2)(c) inserted by No. 48/2004 s. 113(2)(b), repealed by No. 24/2024 s. 50(2)(b).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.