Fire Service Act 1979

The Commission may declare any specified day to be a day of total fire ban, or any specified days to be days of total fire ban, for the purposes of this Act, either throughout the State or in any part or parts of the State.

A declaration under subsection (1) in relation to any specified day or days of total fire ban may – specify fires that are not subject to the ban; and prohibit or restrict the use of specified machines or apparatus in the open air on that day or those days.

With a view to ensuring general public knowledge of a declaration made under subsection (1), the Commission shall cause a declaration made under subsection (1) to be – transmitted by any radio or television station; or published in a daily newspaper published in the State which circulates in the State, or if the declaration relates to part of the State, that part of the State to which the declaration relates.

Subject to subsection (7), where pursuant to subsection (1) a declaration is made declaring a day to be a day of total fire ban or any days to be days of total fire ban – all permits granted under section 66 in relation to land in any part of the State to which the declaration relates immediately cease to have effect; no permits shall be granted under that section so as to have effect on that day or those days in relation to land in any part of the State to which the declaration relates; and the occupier of land on which a fire occurs on any such day (being land in any part of the State to which the declaration relates) shall immediately after becoming aware of the existence of the fire – take diligent steps to extinguish the fire or to prevent it from spreading; and report the fire to the brigade the headquarters of which is situated nearest to that land, to a police officer, or to any member of the Fire Service.

A person who fails to comply with subsection (4)(c) is guilty of an offence and liable to a fine not exceeding 50 penalty units.

It is a defence in proceedings for an offence under subsection (5) to show that the failure to comply with that subsection arose from the fact that the defendant did not know that a day of total fire ban had been declared.

Subsection (4) does not apply to any fire excluded from the ban by virtue of subsection (2)(a) or to any permit in so far as it authorizes the lighting of such a fire.