Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_23
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 23
Character Range: 347840–349437

23  Fires to clear land
 (1) A person must not clear land in an area by burning except in accordance with:
 (a) the requirements of subsection (3); or
 (b) a direction under subsection 25(1); or
 (c) subsection 19(2) (power to light fire on land); or
 (d) the Public Reserves Act 1997 or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
Penalty: 30 penalty units or imprisonment for 1 year, or both.
 (2) For the purposes of subsection (1), clearing land includes clearing land to create or maintain a firebreak.

Requirements for using permit to clear land
 (3) The requirements of this subsection are:
 (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and
 (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and
 (c) the fire must not be lit, used or maintained in a Commonwealth reserve or a public reserve; and
 (d) a person who is 18 or older must attend the fire at all times while it is alight; and
 (e) the burning must not be undertaken during a total fire ban or fire danger period in the area.
Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.
Note 2: Owner includes occupier: see section 5.
 (4) Notice for the purposes of paragraph (3)(b) does not have to be in writing.