23Lighting of fires on Schedule 2 land

23 Lighting of fires on Schedule 2 land

23 Lighting of fires on Schedule 2 land

(1) A person must not on Schedule 2 land (whether or not it is land to which subclause (2) applies)—

(a) light, maintain or use a fire in the open—

(i) if there are public fireplaces—elsewhere than in a public fireplace, or

(ii) if there are no public fireplaces—elsewhere than in a temporary fireplace situated at least 4.5 metres from a log or stump and at least 1.5 metres from any other flammable material, or

(b) light, maintain or use a fire in the open in contravention of a notice posted by Water NSW or the National Parks and Wildlife Service regulating the use of fire on that land, or

(c) leave unattended a fire that the person has lit, maintained or used, or

(d) fail to call for help to control or extinguish a fire that the person has lit, maintained or used and that is beyond the person’s power to control or extinguish, or

(e) handle a flammable substance (for example petrol, matches or cigarettes) in a manner that is likely to cause a fire.

(2) If any part of Schedule 2 land has been declared under section 8 of the Wilderness Act 1987 to be a wilderness area, a person must not light a fire in the wilderness area unless the fire is lit in accordance with—

(a) a provision of that Act (or of regulations made under that Act) relating to the lighting of fires in wilderness areas, or

(b) the terms of a wilderness protection agreement (within the meaning of that Act) or conservation agreement (within the meaning of the National Parks and Wildlife Act 1974) that relate to the lighting of fires in the wilderness area concerned.

Maximum penalty (subclauses (1) and (2))—400 penalty units in the case of a corporation or 200 penalty units in the case of an individual.

(3) This clause applies to Schedule 2 land whether or not the land has been reserved under the National Parks and Wildlife Act 1974.