Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 87

Fires to be extinguished

    (1)     If a person who lit a fire in the open air in an area that, on the commencement of a fire ban period, will be a fire ban area, is unable to extinguish the fire before that commencement, the person must, without delay, notify a fire control officer or fire warden of that fact.

    (2)     A fire control officer or fire warden who is notified of a fire under subsection (1) may give to the notifier any directions for controlling the fire that the officer or warden considers appropriate.

    (3)     A person commits an offence if:

    (a)     the person has, before the commencement of a fire ban period, intentionally lit a fire in the open air; and

    (b)     the area in which the fire is lit is, on the commencement of the fire ban period, a fire ban area; and

    (c)     the person fails, before the commencement of the fire ban period, to:

        (i)     extinguish the fire; or

        (ii)     notify a fire control officer or fire warden in accordance with subsection (1).

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (4)     Strict liability applies to subsection (3)(b) and (c).

    (5)     A person who contravenes a direction given to the person under subsection (2) commits an offence.

Maximum penalty:     100 penalty units.

    (6)     An offence against subsection (5) is an offence of strict liability.

    (7)     It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback