BUSH FIRES ACT 1954 - SECT 22C

BUSH FIRES ACT 1954 - SECT 22C

22C .         Power of Minister to exempt from provisions of section 22B

        (1)         Subsection (2) has effect if the Minister is advised in writing by the FES Commissioner that, in the opinion of the FES Commissioner, a person has taken adequate precautions for the —

            (a)         prevention of the spread or extension; and

            (b)         control; and

            (c)         extinguishment, if necessary,

                of any fire that is to be lit, or that may be caused by the carrying out of an activity in the open air, in the period during which, and in the area in respect of which, a total fire ban has effect.

        (2)         If this subsection has effect, the Minister may, in respect of any such fire as is so lit or may be so caused, exempt the person, and any person acting under that person’s instructions, either wholly or partially from the operation of the provisions of section 22B.

        (3)         An exemption granted by the Minister under this section —

            (a)         is to be in writing signed by the Minister; and

            (b)         may be revoked or varied at any time by the Minister by notice in writing signed by the Minister and served on the person to whom the exemption was granted; and

            (c)         unless sooner revoked, has effect for the period specified in the exemption; and

            (d)         is subject to such conditions as the Minister thinks fit to impose and specifies in the exemption; and

            (e)         authorises the person to whom it is granted, and any person acting under that person’s instructions, subject only to any conditions specified in the exemption —

                  (i)         to light, maintain or use in the open air any fire authorised to be lit, maintained or used under the authority of the exemption; or

                  (ii)         to carry out in the open air any activity authorised to be carried out under the authority of the exemption;

                and

            (f)         if paragraph (e)(i) applies — exempts any fire to which the exemption relates from the operation of section 46.

        (4)         The Minister may at any time, by notice in writing signed by the Minister and served on the person to whom the exemption was granted, revoke or vary, whether by way of addition or substitution, any conditions specified in the exemption.

        (5)         A person to whom an exemption is granted under this section must observe and carry out any conditions specified in the exemption.

        Penalty: a fine of $25 000 or imprisonment for 12 months, or both.

        [Section 22C inserted: No. 25 of 2009 s. 7; amended: No. 22 of 2012 s. 52.]