New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 88

88 Lighting fires that are dangerous to buildings in fire districts and rural fire districts

(1) A person who lights a fire on land within a fire district or rural fire district in circumstances in which doing so would be likely to be dangerous to any building is guilty of an offence unless the person--

(a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and

(b) has given notice in accordance with section 86.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(2) Nothing in this section requires an authorised officer of a fire fighting authority who lights a fire for the purpose of back burning on land within a fire district or rural fire district to be authorised to do so by a fire permit or to give any notice before lighting such a fire.

Note : An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act--see Part 6A.