Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:53
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 53
Character Range: 51601–53258

53  Occupiers to extinguish fires or notify fire fighting authorities
 (1) A person commits an offence if:
 (a) the person is the occupier of land; and
 (b) a fire is burning on the land during the bush fire danger period; and
 (c) the fire was not lit under the authority of this or any other Ordinance; and
 (d) the person is able to extinguish the fire without assistance; and
 (e) the person does not, immediately on becoming aware of the fire, take all possible steps to extinguish the fire.
Penalty: Imprisonment for 4 months, 20 penalty units or, or both.
 (2) It is a defence to a prosecution under subsection (1) that the fire was lit or used by the person for cooking, heating or preparing meals or boiling water, or for a similar purpose, in accordance with any requirements prescribed by the rules.
 (3) A person commits an offence if:
 (a) the person is the occupier of land; and
 (b) a fire is burning on the land during the bush fire danger period; and
 (c) the fire was not lit under the authority of this or any other Ordinance; and
 (d) the person is unable to extinguish the fire without assistance; and
 (e) the person has a means of communication practicably available; and
 (f) it is practicable for the person to inform a fire fighting authority of the existence and location of the fire, without leaving the fire unattended, by telephoning the emergency telephone number (000); and
 (g) the person does not, immediately on becoming aware of the fire, inform a fire fighting authority of the existence and location of the fire.
Penalty: Imprisonment for 4 months, or 20 penalty units, or both.

Division 2—Bush fire hazard reduction