Australian Capital Territory Numbered Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 (NO 38 OF 2005) - REG 9

Open-air fires prohibited except in certain circumstances

    (1)     A person commits an offence if the person lights, uses or maintains a fire in the open air.

Maximum penalty: 5 penalty units.

Note     The Emergencies Act 2004 contains an offence about lighting etc fire during total fire ban (see s 116).

    (2)     Subsection (1) does not apply to the person if the person lights, uses or maintains the fire for an activity mentioned in schedule 1, part 1.2 (Open-air fires), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.2, column 3 for the activity.

Note     The defendant has the evidential burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).

    (3)     Subsection (1) does not apply to a fire to which the Act, schedule 1, section 1.2, table, item 30 relates.

Note     Item 30 relates to burning plant matter to reduce a fire hazard, to clear land or to conserve biological diversity or ecological integrity. For offences in relation to these activities, see the Act, pt 8 (Environmental authorisations).

    (4)     An offence against this section is a strict liability offence.

Division 2.4     Burning, fires and firewood



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