Fire Service Act 1979

A person shall not, during a fire permit period, light or cause to be lit, or maintain or use – a fire in a fire protected area specified in subsection (2); or a fire for the purpose, or that is likely to have the effect, of clearing vegetation from land or for a like purpose – except under the authority and in accordance with the conditions of a permit granted by a fire permit officer in accordance with this section. Fine not exceeding 26 penalty units.

A fire protected area referred to in subsection (1)(a) is an area which includes the whole or any part of a State forest, any reserved land as defined in the Nature Conservation Act 2002, or any Crown land.

Subsection (1) does not apply to a fire, not being a fire referred to in subsection (1)(b), that is lit in a place specially constructed for the purpose.

Before determining an application for a permit under this section in respect of land not within a fire protected area referred to in subsection (1)(a), a fire permit officer shall, if practicable, confer with the appropriate officer and shall refuse the application if that officer considers that the prevailing conditions are such that a fire lit under the authority of the permit, if granted, might spread to land other than that to which the permit relates or might be beyond the capacity to control of the fire brigades readily available for the purpose.

For the purposes of subsection (5), appropriate officer means – in the case of land within a brigade's operational district – the brigade chief of that brigade; or in the case of any other land – a brigade chief or other officer of the Fire Service.

A permit may be granted under this section – subject to such conditions as may be determined by the fire permit officer by whom it is granted; and where any conditions are determined by the Commission with respect to the permit, also subject to those conditions.

Without limiting subsection (7), the conditions referred to in that subsection may include – a condition that the fire to which the permit relates shall be lit and maintained by, or under the supervision of, a specified brigade, or a member of a specified brigade; and a condition that at least one person shall be present at the site of the fire from the time when it is lit until it is totally extinguished.

If a fire permit officer refuses to grant a permit under this section to a person who applies for such a permit, that person may, within 14 days after being refused a permit, appeal to the Commission against the refusal.

The Commission may allow or disallow an appeal under subsection (9) as it thinks fit, and, if it allows the appeal, may grant a permit to the appellant, either unconditionally or subject to such conditions (if any) as the Commission may, in its absolute discretion, impose and as are specified in the permit.

Subject to subsections (9) and (10), an appeal under subsection (9) shall be instituted, heard, and determined as the Commission determines.

A person who lights and controls a fire in accordance with the conditions of a permit granted to that person under this section is exempt from the Environmental Management and Pollution Control Act 1994.

A person who lights a fire in accordance with the conditions of a permit granted to that person under this section and complies with the directions contained in that permit is not liable for any loss, injury or damage caused by that fire unless it is proven that the person acted maliciously or recklessly.