Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 11

Lighting of fires in the open air

11. Lighting of fires in the open air



(1) Except as provided in subsection (2), a person must not-

   (a)  light or use a fire in the open air or carry when lighted any
        flammable material resulting in the destruction, damaging or
        endangering of the life or property of others; or

   (b)  leave a fire in the open air which that person has lighted or of which
        that person is in charge without leaving another person in charge of
        that fire.

Penalty: 25 penalty units or imprisonment for 12 months or both.

(2) Subsection (1) does not apply to the owner or occupier of any land or a
person acting under the direction of an owner or occupier of any land who
burns any grass, stubble, weeds, scrub, undergrowth or any vegetation, wood or
other flammable material in an area of land if-





   (a)  a fire-break of not less than 3 metres and cleared of all flammable
        material has been prepared around the perimeter of the area of land;
        and

   (b)  at least two hours before burning is commenced, notice of intention to
        burn has been given to each owner or occupier of land contiguous to
        the area of land.

(3) This section does not apply in the country area of Victoria within the
meaning of the Country Fire Authority Act 1958 during a fire danger period
within the meaning of that Act.

(4) This section does not affect the right of any person to sue for and
recover at common law or otherwise compensation for or in respect of any
damage caused by reckless or negligent use of fire.

False Alarms of Fire