(1) A person who lights a fire on land must take all reasonable steps:
(a) to protect property on the land from the fire; and
(b) to prevent or inhibit the fire spreading from the land to other land.
(2) If a person who lights a fire on land is unable to control the fire, the person must take all reasonable steps to notify the following of that fact:
(a) a fire control officer or fire warden;
(b) the occupier of any land to which the fire is likely to spread or a person apparently over the age of 16 years present on that land.
(3) A fire control officer or fire warden who is notified of a fire under subsection (2)(a) may give to the notifier any directions for controlling the fire that the officer or warden considers appropriate.
(4) A person commits an offence if:
(a) the person intentionally lights a fire on land; and
(b) the fire has the potential to spread to other land and the person is reckless in relation to that circumstance; and
(c) the person intentionally fails to take reasonable steps:
(i) to control the fire; or
(ii) if unable to control the fire – to notify a person mentioned in subsection (2)(a) or (b).
Maximum penalty: 500 penalty units or imprisonment for 5 years.
(5) A person who contravenes a direction given to the person under subsection (3) commits an offence.
(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.