South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 81

81—Permit to light and maintain fire

        (1)         An authorised officer may issue a permit authorising a person to light or maintain a fire in the open air in circumstances in which the lighting or maintaining of the fire would otherwise be unlawful by virtue of this Part.

        (2)         An application for a permit must be made in the prescribed manner and form.

        (3)         A permit must not be issued under this section unless the authorised officer is satisfied that—

            (a)         the lighting or maintaining of the fire is, in all the circumstances of the case, justified; and

            (b)         adequate precautions will be taken to prevent the spread of fire.

        (4)         A permit issued under this section will include—

            (a)         the prescribed conditions; and

            (b)         such other conditions as the authorised officer thinks fit to include in the permit.

        (5)         A permit issued under this section will be in a form prescribed by the regulations.

        (6)         Unless issued in accordance with an authorisation granted under subsection (7), a permit does not authorise a person to light or maintain a fire contrary to the terms of a total fire ban.

        (7)         The Chief Officer may, by instrument in writing, authorise (subject to stipulated restrictions and conditions) the issue of permits for the lighting and maintaining of fires in the open air, on days on which a total fire ban has been imposed, in parts of the State designated in the authorisation.

        (8)         Notice of the issue of a permit under this section must be given in the manner provided by the regulations to such persons and authorities as may be stipulated by the regulations.

        (9)         A permit may be revoked by an authorised officer or by the Chief Officer

            (a)         if the permit holder fails to comply with a condition of the permit; or

            (b)         if the authorised officer or Chief Officer considers that sufficient reasons exist to justify the revocation of the permit.

        (10)         A person whose permit is revoked may appeal to the Commission against that revocation.

        (11)         An appeal must be instituted by written notice of appeal setting out in detail the grounds of appeal.

        (12)         On an appeal, the Commission may—

            (a)         confirm the revocation;

            (b)         direct that a new permit be issued.

        (13)         The fact that the holder of a permit has complied with the conditions of the permit does not of itself relieve the holder from liability for any loss or damage caused by a fire lit under the authority of a permit.

        (14)         In this section—

"authorised officer" means—

            (a)         a person authorised by the Chief Officer; or

            (b)         a person authorised by a council, with the approval of the Chief Officer, to issue permits under this section.

Subdivision 4—Power of direction



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