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