BUSH FIRES ACT 1954 - SECT 25A

BUSH FIRES ACT 1954 - SECT 25A

25A .         Power of Minister to exempt from provisions of section 25

        (1)         Where 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 in the open air during the restricted burning times or the prohibited burning times the Minister may, in respect of any such fire as is so lit, exempt the person and any person acting under his instructions, either wholly or partially from the operation of the provisions of section 25.

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

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

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

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

            (d)         authorises the person to whom it is granted and any person acting under his instructions to light and maintain, subject only to the conditions of the exemption, any fire authorised to be lit and maintained pursuant to the authority of the exemption; and

            (e)         exempts any fire to which the exemption relates from the operation of section 46.

        (3)         The Minister may at any time, by notice in writing signed by him 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.

        (4)         A person to whom an exemption is granted under this section shall observe and carry out any conditions specified therein.

        Penalty: $10 000.

        (5)         Notwithstanding any other provision of this section a local government may, by notice in writing served on a person to whom an exemption has been granted under this section, prohibit that person and any person acting under his instructions from lighting a fire to which the exemption relates for such period as is specified in the notice.

        (6)         A notice under subsection (5) may prohibit the lighting of a fire either absolutely or unless such conditions as are specified in the notice are complied with.

        (7)         A person who lights a fire contrary to a notice under subsection (5) is guilty of an offence.

        Penalty: $10 000.

        [Section 25A inserted: No. 15 of 1965 s. 3; amended: No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 22 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 26 and 39; No. 22 of 2012 s. 56.]

[ 25B.         Deleted: No. 38 of 2002 s. 27(1).]