(1) Where the Minister
is advised in writing by the FES Commissioner that, in the opinion of the FES
Commissioner, a person has taken adequate precautions for the —
(a)
prevention of the spread or extension; and
(b)
control; and
(c)
extinguishment, if necessary,
of any fire that is to
be lit in the open air during the restricted burning times or the prohibited
burning times the Minister may, in respect of any such fire as is so lit,
exempt the person and any person acting under his instructions, either wholly
or partially from the operation of the provisions of section 25.
(2) An exemption
granted by the Minister under this section —
(a)
shall be in writing signed by the Minister; and
(b) may
be revoked at any time by the Minister by notice in writing signed by him and
served on the person to whom the exemption was granted; and
(c) is
subject to such conditions as the Minister thinks fit to impose and specifies
in the exemption; and
(d)
authorises the person to whom it is granted and any person acting under his
instructions to light and maintain, subject only to the conditions of the
exemption, any fire authorised to be lit and maintained pursuant to the
authority of the exemption; and
(e)
exempts any fire to which the exemption relates from the operation of
section 46.
(3) The Minister may
at any time, by notice in writing signed by him and served on the person to
whom the exemption was granted, revoke or vary, whether by way of addition or
substitution, any conditions specified in the exemption.
(4) A person to whom
an exemption is granted under this section shall observe and carry out any
conditions specified therein.
Penalty: $10 000.
(5) Notwithstanding
any other provision of this section a local government may, by notice in
writing served on a person to whom an exemption has been granted under this
section, prohibit that person and any person acting under his instructions
from lighting a fire to which the exemption relates for such period as is
specified in the notice.
(6) A notice under
subsection (5) may prohibit the lighting of a fire either absolutely or unless
such conditions as are specified in the notice are complied with.
(7) A person who
lights a fire contrary to a notice under subsection (5) is guilty of an
offence.
Penalty: $10 000.
[Section 25A inserted: No. 15 of 1965 s. 3;
amended: No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 22 and 48; No. 8 of 1987
s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 26 and 39;
No. 22 of 2012 s. 56.]
[ 25B. Deleted: No. 38 of 2002 s. 27(1).]