Northern Territory Consolidated Acts

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FIRE AND EMERGENCY ACT 1996 - SECT 36

Fires to be extinguished

    (1)     A person must not leave a fire in the open air in an emergency response area which he or she has lit or used unless it has been thoroughly extinguished.

    (2)     It is a defence to a prosecution for an offence against subsection (1) that the person had, before leaving the fire, arranged with a responsible person who also used the fire to remain at the place where the fire is and not leave it unless that person has:

        (a)     thoroughly extinguished the fire; or

        (b)     made a similar arrangement with another responsible person who used the fire.

    (3)     A person who, before the commencement of a fire ban day, lit or used a fire in the emergency response area in respect of which the fire ban day is declared must :

        (a)     thoroughly extinguish the fire; or

        (b)     if the person is unable to thoroughly extinguish the fire, without delay notify a member of that fact.

    (4)     A member who is notified of a fire under subsection (3) may give to the person such directions, for the purpose of controlling the fire, as the member thinks fit.

    (5)     A person to whom a direction is given under subsection (4) must comply with and not contravene the direction.



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