Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:85
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 85
Character Range: 79144–81536

85  Lighting of fires prohibited in certain circumstances
 (1) If the Minister is of the opinion that it is necessary or expedient in the interests of public safety to do so, the Minister may, by order in writing, direct that the lighting, maintenance or use of a fire or kind of fire in the open air is prohibited:
 (a) in the Territory or a part of the Territory specified in the order; and
 (b) during the period specified in the order.
 (2) The order may also specify:
 (a) conditions that must be complied with by persons lighting, maintaining or using a fire or kind of fire in the open air during the period specified in the order; and
 (b) action that must be taken by specified persons or classes of persons to prevent the outbreak or the spread of bush fire, or for controlling or suppressing a bush fire during the period specified in the order.
 (3) As soon as practicable after making the order, the Minister must ensure that:
 (a) notice of the order is broadcast by a television or radio station transmitting to the Territory; and
 (b) a copy of the order is published in the Gazette.
 (4) If an order (the NSW order) is in force under the Rural Fires Act 1997 (NSW) prohibiting the lighting, maintenance or use of any fire or class of fire in the open air in a local government area of New South Wales adjacent to the Territory, the NSW order has effect in the Territory as if it were an order made by the Minister under subsection (1).
 (5) If a NSW order has effect in the Territory under subsection (4):
 (a) the Minister must ensure that:
 (i) notice of the order is broadcast by a television or radio station transmitting to the Territory; and
 (ii) a copy of the order is published on the Infrastructure Department's website; and
 (b) any special condition specified in the order to be observed, or action specified in the order to be taken, applies (to the extent possible) as if the condition were specified under paragraph (2)(a) or the action were specified under paragraph (2)(b).
 (6) A person commits an offence if the person fails to comply with:
 (a) an order made by the Minister under subsection (1); or
 (b) a NSW order that has effect in the Territory under subsection (4).
Penalty: Imprisonment for 10 months, or 30 penalty units, or both.
 (7) This section has effect despite anything to the contrary in this or any other Ordinance.

Division 8—Offences