Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 38

Lighting fires in accordance with permit

38. Lighting fires in accordance with permit



(1) Section 37 does not apply to a person who-

   (a)  sets fire to any grass, stubble, weeds, scrub, undergrowth or other
        vegetation;

   (b)  lights a fire for the purpose of converting wood into charcoal;

   (c)  lights any other fire-

on any land in accordance with a written permit obtained from-

   (d)  the fire prevention officer of the administrative unit or public
        authority which manages or controls the land or, when in any instance
        that fire prevention officer so requests, the Chief Officer; or

   (e)  (where paragraph (d) does not apply) the fire prevention officer of
        the municipal council in which the land is situated or the Chief
        Officer.





(2) A permit granted under subsection (1)-

   (a)  shall be in or to the effect of the form prescribed;

   (b)  shall contain such conditions and restrictions as are prescribed; and

   (c)  may contain any further conditions and restrictions which the officer
        granting the permit may reasonably require.

(3) A person who fails to comply with a condition or restriction contained in
a permit issued under subsection (1) shall be guilty of an offence and liable
to a penalty of not more than 20 penalty units or to imprisonment for a term
of not more than twelve months or to both that penalty and imprisonment.

(4) Compliance with the conditions of a permit does not of itself relieve the
holder of a permit from liability for any damage sustained by another person
as a result of any fire lit by the holder of the permit pursuant to that
permit.