99Total fire ban orders

#### 99 Total fire ban orders 99 Total fire ban orders > > (1) The Minister may, if the Minister is of the opinion that it is necessary or expedient in the interests of public safety to do so, by written order (a total fire ban order)— > > > > > (a) prohibit the lighting, maintenance or use of any fire or class of fire in the open air for the period or periods specified in the order, and > > > > > (b) require persons or classes of persons to take action specified in the order for the purposes of preventing the outbreak or the spread of any bush fire or for controlling or suppressing any bush fire. > > > (2) A total fire ban order is to identify the part or parts of the State to which the order applies (the total fire ban area) and, without limiting the manner in which the total fire ban area may be identified, the area may be identified by reference to a zone defined by the regulations. > > > (3) The Minister may grant exemptions from the requirements of a total fire ban order by— > > > > > (a) setting out the exemptions in the order, or > > > > > (b) by reference (in the order) to one or more standard exemptions that the Minister has caused to be published in the Gazette. > > > (4) The Commissioner may also grant a person an exemption from the requirements of a total fire ban order by written notice to the person. > > > (5) An exemption by the Commissioner may be granted in relation to a specified total fire ban order or to all total fire ban orders having effect during a specified period. > > > (6) The Commissioner may modify, suspend or revoke an exemption granted by the Commissioner at any time— > > > > > (a) by written notice to the person, or > > > > > (b) if the Commissioner is of the opinion that the weather conditions are conducive to the outbreak or spread of bush fires or that conditions conducive to the outbreak or spread of bush fires are imminent—orally or in such other manner as the Commissioner considers appropriate. > > > (7) An exemption under this section may be granted unconditionally or subject to conditions. > > > (8) As soon as practicable after making a total fire ban order, the Minister is— > > > > > (a) to cause notice of the order to be broadcast by a television or radio station transmitting to the total fire ban area, and > > > > > (b) to cause a copy of the order to be published in the Gazette. > > > (9) The Minister may cause notice of the order to be published in any other manner approved by the Minister. > > > (10) The Minister may delegate any of the Minister’s functions under this section, other than this power of delegation, to— > > > > > (a) the Commissioner, or > > > > > (b) a senior executive officer of the NSW Rural Fire Service. > > > (11) A person who fails to comply with a total fire ban order is guilty of an offence. > > > > Maximum penalty—imprisonment for 12 months or 50 penalty units (or both). > > > (12) The provisions of this section have effect despite any other provision of this Act or any other Act or law. > > **s 99:** Subst 2018 No 59, Sch 2 \[14\].