NSWIn ForceAct
Rural Fires Act 1997
86Notice and certain authorities required before certain fires lit
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#### 86 Notice and certain authorities required before certain fires lit
86 Notice and certain authorities required before certain fires lit
> > (1) A person who lights a fire on land—
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> > > (a) for the purpose of land clearance or for burning any fire break, or
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> > > (b) in circumstances in which doing so would be likely to be dangerous to any building,
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> > is guilty of an offence unless the person has given notice in accordance with the regulations to the persons prescribed by the regulations.
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> > Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
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> > (1A) A person who lights a fire on land for the purpose of land clearance or for burning any fire break is guilty of an offence unless—
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> > > (a) a bush fire hazard reduction certificate has been issued in respect of the land clearance or fire break, or
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> > > (b) any approval, consent or other authority required for the land clearance or fire break under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or any other law has been given.
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> > Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
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> > (2) Nothing in this section requires an authorised officer of a fire fighting authority to give notice of the lighting of a fire for the purpose of back burning.
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> > Note.
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> > An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.
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> **s 86:** Am 2000 No 104, Sch 1 \[22\]; 2002 No 67, Schs 3 \[8\], 4 \[10\]; 2002 No 112, Sch 2.21.