In cases of civil proceedings, negligence on the part of the defendant is presumed until the contrary is proved, unless the defendant is a member of a Fire Protection Association. This in itself is a big incentive for landowners to join such an association. However, the plaintiff must still prove that an act or an omission by the defendant was wrongful. This could become a complicated legal concept which would demand that each situation be considered in court on its merits. The Act lists certain activities which make a landowner or any other person guilty of an offence.
Negligence amounts to fault for purposes of an offence.
In a court of law the reasonableness of any action under given circumstances will be under scrutiny. The main principle within this act is that the landowner is the main player in controlling wildfires. The State is going to assist to a greater extent than in the past having taken upon itself to apply a system of fire danger rating. It must also devise, together with all the role players, an information system to raise the awareness level about wildfires among the public at large, especially among landowners.