New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 87

87 Lighting fires for land clearance or fire breaks in bush fire danger period

(1) A person who lights a fire on land for the purpose of land clearance or for burning any fire break during a bush fire danger period that applies to the land is guilty of an offence unless the person:

(a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and

(b) has given notice in accordance with section 86.

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 who lights a fire for the purpose of back burning to be authorised to do so by a fire permit or to give any notice before lighting such a fire.

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.