(1) Subject to this
section, if an officer of SACFS is satisfied that a fire has been lit on any
land contrary to this Act, or that a fire on any land (whether lit lawfully or
not) is out of control, or is likely to get out of control, the officer
may—
(a)
direct the person who lit the fire, or the owner of the land, to extinguish
the fire or to take such other steps in relation to the fire as appear
necessary to prevent it from getting out of control; or
(b)
extinguish the fire, or take such other steps in relation to the fire as
appear necessary to prevent it from getting out of control.
(2) If an officer of
SACFS is satisfied—
(a) that
a person proposes to light a fire; and
(b) that
because of weather conditions the fire, if lighted, might get out of control,
the officer may direct that person to refrain from lighting a fire during a
period specified in the direction.
(3) A person who
contravenes, or fails forthwith to comply with, a direction under this section
is guilty of an offence.
Maximum penalty:
(a) for
a first offence—$5 000 or imprisonment for 1 year;
(b) for
a second or subsequent offence—$10 000 or imprisonment for 2 years.
(4) The Chief Officer
may determine that the powers of an officer under this section may only be
exercised by officers of or above a certain rank.
(5) Despite
subsection (4), if no officer of SACFS who is able to exercise the powers
conferred by this section is present, any member of the SACFS or, in the
absence of any such member, any fire prevention officer, member of SAMFS or
member of the police force, may exercise those powers.
Subdivision 5—Duties to prevent fires