New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 88

88 Lighting fires that are dangerous to buildings in fire districts and rural fire districts

(1) A person who lights a fire on land within a fire district or rural fire district in circumstances in which doing so would be likely to be dangerous to any building 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 on land within a fire district or rural fire district 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.