Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:74
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 74
Character Range: 71722–74090

74  Notice and authorities required before lighting fire
 (1) A person commits an offence if:
 (a) the person lights a fire:
 (i) for the purpose of land clearance, back burning or burning a fire break; or
 (ii) in circumstances in which the fire is likely to endanger a building; and
 (b) the person is not carrying out land clearance or back burning, or burning a fire break, as an authorised member of a fire fighting authority; and
 (c) the person does not, before lighting the fire, give notice in accordance with subsections (3), (4) and (5).
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person lights a fire for the purpose of land clearance, back burning or burning a fire break; and
 (b) the person is not carrying out land clearance or back burning, or burning a fire break, as an authorised member of a fire fighting authority; and
 (c) either or both of the following apply:
 (i) a bush fire hazard reduction notice has not been issued in relation to the land clearance, back burning or fire break;
 (ii) an approval, consent or other authority required for the land clearance, back burning or fire break under the Environment Protection and Biodiversity Conservation Act 1999 or any other law has not been given.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
 (3) A notice mentioned in paragraph (1)(c) must be in writing and include:
 (a) the name of the person intending to light the fire; and
 (b) the location and purpose of the proposed fire; and
 (c) a statement that a fire permit has been issued authorising the lighting of the fire; and
 (d) the time the person intends lighting the fire; and
 (e) the period for which it is proposed the fire will burn.
 (4) A notice mentioned in paragraph (1)(c) must be given to:
 (a) the Minister; and
 (b) each occupier (or, if there is no occupier, each owner) of land that is:
 (i) contiguous to the land on which the fire is to be lit; or
 (ii) separated only by a lane, road or waterway (whether fenced or unfenced) from the land on which the fire is to be lit.
 (5) A notice mentioned in paragraph (1)(c) must be given:
 (a) within the period specified for giving the notice in the fire permit authorising the lighting of the fire; or
 (b) if no period is specified—no later than 24 hours before the fire is lit.