Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p20
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 20/46)
Character Range: 277627–280250

reserve.
Penalty: 50 penalty units.
 (2) For subregulation (1), the Director may declare that a specified period is a period of total fire ban for a Commonwealth reserve or a part of a Commonwealth reserve.
 (3) Notice of a declaration made under subregulation (2) must:
 (a) state that during the period of total fire ban, lighting, maintaining or using a fire is prohibited in the reserve or the part of the reserve to which the fire ban applies; and
 (b) be published in a newspaper circulating in the area to which the declaration applies; and
 (c) be prominently displayed on a sign at each entrance to the reserve.
 (4) However, the Director does not need to comply with:
 (a) paragraph (3)(b) if:
 (i) no newspaper circulates in that area; or
 (ii) the circumstances that make the total fire ban necessary were not known in sufficient time for publication in a newspaper; or
 (b) paragraph (3)(c) if it is not practicable to display a notice at each entrance to the reserve.
 (5) If the Director relies on subregulation (4), the Director must give notice of the declaration having regard to the forms of communication available for giving notice to persons likely to be in that area.
 (6) An offence against subregulation (1) is an offence of strict liability.

12.30A  Lighting fires
 (1) This regulation does not apply to a Commonwealth reserve, or a part of a Commonwealth reserve, during a period declared by the Director under subregulation 12.30(2) as a period of total fire ban for the reserve or the part of the reserve.
 (2) A person commits an offence if the person lights, maintains or uses a fire in a Commonwealth reserve, or in a part of a Commonwealth reserve, other than in:
 (a) a portable gas or electric barbecue or stove used in accordance with a determination made by the Director under subregulation (3) (if any);
 (b) a fireplace:
 (i) provided by the Director for this paragraph; and
 (ii) that is used in accordance with a determination made by the Director under subregulation (3) (if any);
 (c) a fireplace of a kind:
 (i) approved by the Director for this paragraph; and
 (ii) that is used in accordance with a determination made by the Director under subregulation (3) (if any);
 (d) a place:
 (i) approved by the Director for this paragraph; and
 (ii) that is used in accordance with a determination made by the Director under subregulation (3) (if any).
Penalty: 50 penalty units.
 (3) The Director may determine that a person using a portable barbecue or stove, a fireplace, a fireplace of a kind, or a place mentioned in subregulation (2):
 (a) must ensure that there is no flammable