sec.229Unlawful lighting of fires

sec.229 Unlawful lighting of fires

A person must not light a fire or a type of fire in a protected area or part of a protected area if the area or part is within a fire ban area under the Fire Services Act 1990 . Maximum penalty—165 penalty units. A person must not light a fire or a type of fire in a protected area or part of a protected area if lighting the fire or the type of fire is prohibited in the area or part by— a management program; or a regulatory notice; or a condition of a permit held by the person; or a condition of a commercial activity agreement to which the person is a party; or another authority under the Act held by the person. Maximum penalty—165 penalty units. A person permitted to light a fire in a protected area must not light a fire in the area other than — in a place at which a barbecue or fireplace has been provided by the chief executive; or if no barbecue or fireplace is provided—in a place that is more than 2m from flammable material. Maximum penalty—165 penalty units. Subsection (2) does not apply to— a person lighting a fire with the written approval of the chief executive; or a person lighting a fire in a specified cooking or heating appliance or lighting a fire to use a smoking product if the person takes all reasonable steps to ensure the lighting does not result in damage to— a cultural or natural resource of the protected area; or a person’s property in the protected area. Also, subsection (2) does not apply in relation to a nature refuge. Subsection (3) does not apply in relation to a special wildlife reserve or nature refuge. In this section— light , a fire, includes keep or use a fire. smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 . (sec.229-ssec.1) A person must not light a fire or a type of fire in a protected area or part of a protected area if the area or part is within a fire ban area under the Fire Services Act 1990 . Maximum penalty—165 penalty units. (sec.229-ssec.2) A person must not light a fire or a type of fire in a protected area or part of a protected area if lighting the fire or the type of fire is prohibited in the area or part by— a management program; or a regulatory notice; or a condition of a permit held by the person; or a condition of a commercial activity agreement to which the person is a party; or another authority under the Act held by the person. Maximum penalty—165 penalty units. (sec.229-ssec.3) A person permitted to light a fire in a protected area must not light a fire in the area other than — in a place at which a barbecue or fireplace has been provided by the chief executive; or if no barbecue or fireplace is provided—in a place that is more than 2m from flammable material. Maximum penalty—165 penalty units. (sec.229-ssec.4) Subsection (2) does not apply to— a person lighting a fire with the written approval of the chief executive; or a person lighting a fire in a specified cooking or heating appliance or lighting a fire to use a smoking product if the person takes all reasonable steps to ensure the lighting does not result in damage to— a cultural or natural resource of the protected area; or a person’s property in the protected area. (sec.229-ssec.5) Also, subsection (2) does not apply in relation to a nature refuge. (sec.229-ssec.6) Subsection (3) does not apply in relation to a special wildlife reserve or nature refuge. (sec.229-ssec.7) In this section— light , a fire, includes keep or use a fire. smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .