Victorian Consolidated Legislation

Forests Act 1958 - SECT 63

Restrictions as to lighting etc. fires in certain areas

63. Restrictions as to lighting etc. fires in certain areas



(1) Every person who in any State forest protected public land or national
park-





   (a)  in circumstances in which he is required by the regulations to have
        the written authority of an authorised officer to light a fire in the
        open air and without being thereunto directed by an authorised officer
        lights kindles or maintains or knowingly or negligently causes to be
        lit kindled or maintained any fire in the open air without having such
        authority or without complying with any condition specified in the
        authority;

   (aa) in or in relation to the lighting kindling maintaining or
        extinguishing of any fire in the open air fails to comply with any
        relevant regulations;



   (b)  does not observe all reasonable precautions to prevent the spread of
        and damage by any fire lit kindled or maintained by him or to his
        knowledge by his agent or employee; or

   (c)  leaves any fire lit kindled or maintained by him or to his knowledge
        by his agent or employee or otherwise without previously taking all
        reasonable precautions to prevent it spreading or causing injury-

shall be 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.

(2) Every person who in any fire protected area, not being a State forest
protected public land or a national park-



   (a)  during the prohibited period in circumstances in which he is required
        by the regulations to have the written authority of an authorised
        officer to light a fire in the open air and without being thereunto
        directed by an authorised officer lights kindles or maintains or
        knowingly or negligently causes to be lit kindled or maintained any
        fire in the open air without having such authority or without
        complying with any condition specified in the authority;

   (aa) at any time in or in relation to the lighting kindling maintaining or
        extinguishing of any fire in the open air fails to comply with any
        relevant regulations;



   (b)  at any time does not observe all reasonable precautions to prevent the
        spread of and damage by any fire lit kindled or maintained by him or
        to his knowledge by his agent or employee; or

   (c)  at any time leaves any fire lit kindled or maintained by him or to his
        knowledge by his agent or employee or otherwise without previously
        taking all reasonable precautions to prevent it spreading or causing
        injury-

shall be liable to a penalty of not more than 50 penalty units or to
imprisonment for a term of not more than one year or to both such penalty and
imprisonment.

(3) Where any authorised officer or any member of the police force directs the
owner or occupier of or person residing on and having charge and control of
any private land (including any Crown land leased with an inchoate right of
purchase) within 3 kilometres of the boundary of any State forest protected
public land or national park-

   (a)  to extinguish any fire on such land; or

   (b)  to take such steps as the authorised officer or member of the police
        force directs to extinguish such fire or prevent the same from
        spreading or causing injury-

such owner occupier or person (whether or not he has been authorized or
directed by an authorised officer to light kindle or maintain such fire and
whether or not such fire was lit kindled or maintained in accordance with this
Act or the regulations or any other Act or any permit or direction granted or
given pursuant to any other Act) shall forthwith extinguish such fire or take
such steps accordingly.

(4) Every such owner occupier or person when so directed as aforesaid-

   (a)  who fails neglects or refuses to extinguish such fire forthwith or to
        take forthwith such steps as aforesaid; or

   (b)  who purports to carry out such directions but does so in such a manner
        that the fire is not extinguished and breaks out or is likely to break
        out subsequently-

shall be liable to a penalty of not more than 50 penalty units or to
imprisonment for a term of not more than one year or to both such penalty and
imprisonment.

(5) A reward of not more than $5002 may be paid by the Secretary with the
approval of the Minister to any person (not being a member of the police force
or an authorised officer or a person employed in the Department) who gives
such information as leads to a conviction under this section.





			(6)    (a)	Any authorised officer may (with or without warrant) with any assistance he requires take into custody any person who is found offending against any of the provisions of this section and who refuses to give his name or address when called upon to do so by any authorised officer.




   (b)  Such person shall be taken before a bail justice or the Magistrates'
        Court to be dealt with according to law.



   (c)  Every such person found offending as aforesaid who gives a false name
        or address when called upon to give his name or address shall be
        guilty of an offence against this Act.

(7) Any person who is convicted of an offence against this section may on
conviction in addition be ordered by the court to pay to the Crown in respect
of any damage or injury and the costs of fire suppression occasioned or caused
by the commission of such offence such amount as is fixed by the court after
taking the evidence on oath of an authorised officer as to the nature and
extent of such damage or injury and fire suppression, and in default of
payment of such amount the same may be recovered by the informant in the same
manner as the penalty may be recovered.

(8) Any amount ordered by the court pursuant to subsection (7) of this section
to be paid in respect of the costs of fire suppression shall when paid or
recovered be paid into the Consolidated Fund.