Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 40

Provisions about total fire bans

40. Provisions about total fire bans



(1) The Authority may when it thinks fit declare a day or partial day of total
fire ban in respect of the whole or any part or parts of Victoria and may at
any time amend or revoke such a declaration.

(2) The Authority shall cause to be broadcast from a broadcasting station in
Victoria any declaration made under subsection (1) and any amendment to or
revocation of any such declaration.





(2A) The Authority may transmit by electronic means a declaration or any
amendment or revocation of a declaration to a broadcasting station for
broadcasting under subsection (2).

(3) The Chief Executive Officer of the Authority may authorize in writing the
Chief Officer or an officer exercising the powers of the Chief Officer (either
generally or in a particular instance) to cause any broadcast referred to in
subsection (2) and may withdraw any such authority by notice in writing.

(4) Notwithstanding the provisions contained in section 38 or 38A, a person in
a part of Victoria where and at a time when a declaration of total fire ban
applies-

   (a)  shall not light a fire in the open air or allow a fire in the open air
        to remain alight; or

   (b)  use or leave in operation any producer-gas equipment on or in
        connexion with any vehicle.

Penalty: 100 penalty units or imprisonment for a term of two years or both
such penalty and imprisonment.

(4A) Subsection (4) does not apply to an owner or occupier of a dwelling who,
in a domestic appliance on the premises on which the dwelling is situated,
lights a fire or allows a fire to remain alight for the sole purpose of meal
preparation, where-

   (a)  the appliance is located within twenty metres of the dwelling;

   (b)  the area within a distance of three metres from the outer perimeters
        of the appliance is clear of flammable material;

   (c)  there is at hand and available for immediate use-

   (i)  a hose connected to a reticulated water supply; or

   (ii) a vessel containing at least ten litres of water; and

   (d)  the appliance is attended by an adult at all times when the fire in
        the appliance is alight.

(4B) In subsection (4A)-

   (a)  domestic appliance means any fixed or portable appliance designed
        exclusively for meal preparation and fired by gas or electricity; and

   (b)  dwelling means a building used or designed for use as a residence, but
        does not include a caravan or tent or other portable place of
        residence.

(4C) Subsection (4) does not apply to a person who, in a fixed appliance,
lights a fire or allows a fire to remain alight for the sole purpose of meal
preparation, where-

   (a)  the area within a distance of three metres from the outer perimeters
        of the appliance is clear of flammable material;

   (b)  there is at hand and available for immediate use-

   (i)  a hose connected to a reticulated water supply; or

   (ii) a vessel containing at least ten litres of water; and

   (c)  the appliance is attended by an adult at all times when the fire in
        the appliance is alight.

(4D) In subsection (4C), fixed appliance means a properly constructed and
permanently fixed structure of brick, stone or concrete designed exclusively
for meal preparation and fired by gas or electricity.

(4E) Subsection (4) does not apply to a person who-

   (a)  is engaged in a business of preparing meals for other persons; and

   (b)  lights a fire or allows a fire to remain alight-

   (i)  for the sole purpose of meal preparation in the course of the person's
        business; and

   (ii) in accordance with a permit granted by a person, and in the
        circumstances, referred to in paragraph (a), (b), (c) or (d) of
        subsection (5).

(4F) For the purposes of subsection (4E), person includes a community
charitable organisation.



(5) Subsection (4) does not apply to a person who, in a part of Victoria where
and at a time when a declaration of total fire ban applies, lights a fire in
the open air or allows a fire in the open air to remain alight for the purpose
of carrying on the work of a community charitable organisation, statutory
corporation or municipal council or an industrial operation or trade, or for
the purpose of public entertainment, for which a fire is necessary in
accordance with a permit granted-

   (a)  where the fire is to be lighted or allowed to remain alight in the
        metropolitan fire district, by the Chief Fire Officer of the
        Metropolitan Fire Brigades or by any other officer whom he may
        authorize in writing;

   (b)  where the fire is to be lighted or allowed to remain alight in the
        country area of Victoria (other than on lands within a fire protected
        area) by the Chief Officer of the Authority;

   (c)  where the fire is to be lighted or allowed to remain alight in a fire
        protected area, by the person for the time being holding the office of
        or acting as the Chief Fire Officer in the Department of Natural
        Resources and Environment; or





   (d)  by the Minister under subsection (8).

(6) A permit granted under subsection (4E) or (5)-

   (a)  shall be in writing;

   (b)  shall be subject to any prescribed conditions, and to any other
        conditions specified in the permit by the person granting the permit;
        and



   (c)  may be limited to the day in respect of which a total fire ban has
        been declared, or may be granted for that day and any specified
        subsequent days or generally for any specified period.

(7) A person who may grant a permit under subsection (4E) or (5)-

   (a)  may in any particular case authorize another person to sign and issue
        a permit on his behalf; and

   (b)  may at any time revoke a permit.

(8) A person who has been refused a permit under subsection (4E) or (5)(a),
(b) or (c) or who has been granted such a permit subject to conditions to
which he objects or whose permit has been revoked under subsection (7) may
apply to the Minister for a permit and the Minister may grant a permit subject
to such conditions as he thinks fit or may refuse to grant a permit, and may
at any time revoke any permit granted by him.

(9) Any person who, in a part of Victoria where and at a time when a
declaration of total fire ban applies, having been granted a permit pursuant
to subsection (4E), (5) or (8) lights a fire in the open air or allows a fire
in the open air to remain alight without complying with every condition to
which the relevant permit is subject shall be guilty of an offence and liable
to a penalty of not more than 100 penalty units or to imprisonment for a term
of not more than two years or to both such penalty and imprisonment.

(10) Nothing in this section shall prevent a fire being lit or being allowed
to remain alight-

   (a)  by any brigade or statutory corporation having responsibility for the
        suppression of fire where the fire is lit for that purpose;



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   (c)  in any apparatus approved by the Chief Officer being used for the
        drying of fruit, grain or other primary produce in accordance with the
        terms and subject to the conditions of its approval.



* * * * *



(12) The Chief Officer may by declaration in writing declare subject to such
terms and conditions as he thinks fit any apparatus to be approved apparatus
for the purposes of subsection (10)(c) and revoke or vary any approval so
given.

(13) In any proceedings for an offence against this section a certificate
purporting to be signed by the Chief Executive Officer to the effect that a
declaration of a day or partial day of total fire ban in the whole or any part
or parts of Victoria was pursuant to this section broadcast from a
broadcasting station in Victoria in respect of any specified day shall be
prima facie evidence of the facts set out in the certificate.

(14) In any proceedings for an offence against this section, where the
declaration under subsection (1) was made in respect of part of a day and
first broadcast on that day, it is sufficient defence for the defendant to
prove that at the time of the commission of the offence he did not know and
could not reasonably have known of the declaration of total fire ban, and that
having regard to all the circumstances he had taken all necessary precautions
to prevent the spread of the fire.

(15) In any proceedings for an offence against this section, it is sufficient
for the purposes of subsection (13), if a certificate purporting to be signed
by the Chief Executive Officer is given to which is attached a copy of the
declaration, or any amendment of the declaration, made by the Authority and
transmitted under subsection (2A) to a broadcasting station for broadcasting.