Northern Territory Numbered Acts

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BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 91

Duty of person who lights fire to control it

    (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.



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