New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 99

99 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 in the part or parts of the State specified in the order:

(a) the lighting, maintenance or use of any fire or class of fire in the open air is prohibited for such period or periods as may be specified in the order, and

(b) such special conditions as may be specified in the order be observed by persons lighting, maintaining or using any fire or class of fire in the open air and for such period or periods as may be specified in the order, and

(c) such action as may be specified in the order be taken by such persons or class of persons as may be specified in the order for preventing the outbreak or the spread of any bush fire or for controlling or suppressing any bush fire.

(2) As soon as practicable after making a direction under this section, the Minister is:

(a) to cause notice of the direction to be broadcast by a television or radio station transmitting to the part or parts of the State concerned and in a newspaper circulating in those parts, and

(b) to cause a copy of the order by which the direction is given to be published in the Gazette.

(3) The specification in any notice or order under this section of part of the State by reference to a zone defined by the regulations for the purpose is sufficient specification of a part of the State for the purposes of this section.

(4) If part of a local government area is specified in any order under this section the order applies to the whole of the local government area.

(5) The Minister may delegate to the Commissioner any of the Minister’s functions under this section, other than this power of delegation.

(6) Any person who fails to comply with any direction given by the Minister is guilty of an offence.

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

(7) The provisions of this section have effect despite anything contained in this Act or any other Act to the contrary.