43Lighting fires

43 Lighting fires

43 Lighting fires

(1) A person must not do one or more of the following on land to which this division applies—

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

(i) in contravention of a notice bearing the name and logo of Water NSW, or

(ii) if there are public fireplaces on the land—anywhere other than in a public fireplace, or

(iii) if there are no public fireplaces on the land—anywhere other than in a temporary fireplace situated at least—

(A) 4.5m from a log or stump, and

(B) 1.5m from other flammable material,

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

(c) handle a flammable substance in a way that is likely to cause a fire,

(d) light a fire in a wilderness area, unless the fire is lit in accordance with—

(i) a provision of the Wilderness Act 1987, or regulations made under that Act, relating to the lighting of fires in wilderness areas, or

(ii) the terms of a wilderness protection agreement or conservation agreement in relation to the lighting of fires in the wilderness area to which the agreement relates.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in relation to the exercise of a function by a public agency in accordance with the Act, section 50.

(3) If a person is unable to control or extinguish a fire the person has lit, maintained or used in accordance with this section, the person must report the fire to emergency services.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.