Lighting or maintaining fires restricted
76 Lighting or maintaining fires restricted
A person must not light or maintain a fire in a park except in a public fireplace or an area set aside under subregulation (2).
Penalty: 20 penalty units.
Notes
1 A person who lights, kindles or maintains a campfire or barbeque, that uses solid fuel and that is in the open air in a park, who does not ensure the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material may be liable for an offence under section 66B(1) of the Forests Act 1958.
2 A person who lights, kindles or maintains a campfire or barbeque, that uses liquid fuel, gaseous fuel or chemical solid fuel and that is in the open air in a park, who does not ensure the ground and airspace within a distance of 1⸱5 metres from the outer perimeter and uppermost point of the fire are clear of flammable material may be liable for an offence under section 66B(2) of the Forests Act 1958.
3 Under regulation 14 of the Forests (Fire Protection) Regulations 2014[8], a person who has lit, kindled or maintained a fire, or is in charge of a fire, in the open air in a park during the prohibited period within the meaning of the Forests Act 1958 must, before leaving the place of the fire, completely extinguish the fire, or ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire. A person who does not do so may be liable for an offence under section 63(1) of the Forests Act 1958 (see section 63(1)(aa) of that Act).
4 Under regulation 15 of the Forests (Fire Protection) Regulations 2014, a person who has lit, kindled or maintained a fire, or who is in charge of a fire, in the open air in a park during the prohibited period within the meaning of the Forests Act 1958 must extinguish the fire immediately when required to do so by an authorised officer. A person who does not do so may be liable for an offence under section 63(1) of the Forests Act 1958 (see section 63(1)(aa) of that Act).
The land manager by determination may set aside an area of a park as an area in which a person may light or maintain a fire in a place other than a public fireplace.
A person does not contravene subregulation (1) by lighting or maintaining a fire in a park—
at a time and during a period when the lighting of fires in that park is not prohibited under any Act; and
in or on a vessel in an area of the park that is seaward of the low water mark.
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