New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 86

86 Notice and certain authorities required before certain fires lit

(1) A person who lights a fire on land:

(a) for the purpose of land clearance or for burning any fire break, or

(b) in circumstances in which doing so would be likely to be dangerous to any building,

is guilty of an offence unless the person has given notice in accordance with the regulations to the persons prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(1A) A person who lights a fire on land for the purpose of land clearance or for burning any fire break is guilty of an offence unless:

(a) a bush fire hazard reduction certificate has been issued in respect of the land clearance or fire break, or

(b) any approval, consent or other authority required for the land clearance or fire break under the Environmental Planning and Assessment Act 1979 or any other law has been given.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) Nothing in this section requires an authorised officer of a fire fighting authority to give notice of the lighting of a fire for the purpose of back burning.

Note: An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act-see Part 6A.